UPDATE: On December 10, 2018, a federal judge ruled that secretly recording law enforcement officials performing their duties in public is protected by the constitution. Learn more

On June 30, 2016, the American Civil Liberties Union of Massachusetts filed a federal lawsuit defending the right to record the police on behalf of two civil rights activists against the Boston Police Department and the District Attorney for Suffolk County. The suit asks the court to affirm that it is unconstitutional to enforce the Massachusetts wiretap law against people who exercise their right to secretly record the police in the public performance of their duties, and to order Boston Police Department Commissioner William Evans and Suffolk County District Attorney Dan Conley to end such enforcement.

Judge Saris of the U.S. District Court of Massachusetts denied DA Conley and Commissioner Evans’ motion to dismiss the case on March 15, 2017. This allowed the case to move forward and is an important step towards greater police accountability and towards the safe, effective exercise of the right to record the police. Read our full statement here

 

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Attorney(s)

Matthew Segal and Jessie Rossman (ACLU of Massachusetts), William D. Dalsen (Proskauer Rose LLP)

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