Third Circuit asked to decide scope of citizens’ right to film police [updated]

Today on Jason Nark has a story entitled, “ACLU challenges ruling on right to film police,” which begins:

Civil rights lawyers on Monday appealed a federal court ruling in Philadelphia establishing that citizens do not necessarily have a constitutionally protected right to record police activity.

 The American Civil Liberties Union of Pennsylvania and local civil rights lawyers filed an appeal with the U.S. Court of Appeals for the Third Circuit on behalf of two Philadelphia residents, one arrested and the other detained, for taking photographs and video of police incidents in the city.

Last month, U.S. District Judge Mark A. Kearney ruled that unless a videographer announces the recording as an act of protest or a challenge to police, officers may stop the recording.

Prior news coverage of the case is here. Sharply critical commentary of the district court ruling in the Washington Post is here. Eugene Volokh criticized the ruling and predicted it will be reversed on appeal on Volokh Conspiracy here. The ACLU discusses the appeal here.

UPDATE: ACLU-PA staff attorney Molly Tack-Hooper yesterday posted this explanation of the case and the underlying issue on the ACLU blog Speaking Freely, entitled, “No, It’s Not Illegal to Record the Philadelphia Police! — Fields/Geraci Ruling Explained.”