Is it lawful for police to enforce a politician’s verbal no-filming request in a meeting?

While the answer to this question may depend on a variety of factors specific to state or local ordinances, we will make several assumptions here for the sake of example. It is most generally lawful in the United States to record anyone in a public place, as it is a constitutionally-protected right, and politicians are no exception to this. We will therefore assume that there are no local ordinances in place that interfere with these rights. In the case of our example, a politician has asked verbally that they not be recorded, despite there being no legally binding law backing his request, which seems to violate the First Amendment. We will also assume that the location of the meeting doesn’t restrict recording either. Under these pretenses, we will examine the police’s involvement in the situation.

In our example, the politician has observed a civilian, within their legal right, capturing a video of the politician, who is performing the duties of their elected office within the meeting at hand. There are several police officers in attendance to ensure the security of the meeting. Our politician then asks that the civilian cease recording at once, perhaps stating that it is without their consent and therefore illegal. Our civilian chooses to continue recording, stating that it is a right protected under the First Amendment of the Constitution. After further deliberation, the civilian refuses to comply with the order. The politician summons the police to step in and settle the disturbance; there is a meeting in session, after all.

It is important to consider that law enforcement officers in the United States are bound under an oath to uphold the Constitution at all times. Just because a politician or lawmaker makes a statement does not mean that they have any authority to do this. They are not entitled to special rights that other humans are not, even if they sometimes act as though they are. It is abuse of power for politicians to call on police to enforce a non-existent law that violates Constitutional rights. While there is no generalized answer to these situations–for they may have any number of variables that could change the outcome–based on the fairly broad example provided, it would be unlawful for police to enforce a politician’s verbal no-filming request.πŸ”Ή

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