Can Americans Observe, Record Police Ops?

A decision is expected in the next few days on a case that questions if Americans are allowed to follow and observe law enforcement officials under the First Amendment of the U.S. Constitution.

Monday, officials in Minnesota and Illinois filed a pair of lawsuits against the Department of Homeland Security. Both suits claim “Operation Midway Blitz” in Illinois and “Operation Metro Surge” in Minnesota violate the state’s sovereignty under the 10th Amendment to the Constitution. The Illinois operation has resulted in the arrest of more than 3,000 people, while the DHS has reported sending more than 2,000 agents to Minnesota, making it the largest deployment in the office’s history.

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Here in Minnesota, the case involves six individuals who, while observing an ICE operation, claim they were arrested, pepper-sprayed, and intimidated without cause.

Tuesday, Federal officials argued in court that the First Amendment does not give Americans the right to follow and observe police. Citing a 2003 ruling by the 8th District U.S. Court of Appeals, prosecutors claim that recording police activity is not protected by the First Amendment and, as a result, officials were within their rights to arrest the bystanders.

In court, U.S. District Judge Katherine Menedez did express frustration that attorneys for the Department of Justice did not enter police reports, bodycam footage, or statements of the ICE officials involved in the incident into evidence. She also seemed hesitant to issue a ruling that covers more than the individual instances in the case.

Due to the ongoing operations in both states, Judge Menendez said she would rule on the emergency petition by Thursday or Friday morning.