A Boston lawyer suing the city and police officers who arrested him for using his cell phone to record a drug arrest on the Common won a victory today when a federal appeals court said the officers could not claim "qualified immunity" because they were performing their job when they arrested him under a state law that bars audio recordings without the consent of both parties.
In its ruling, which lets Simon Glik continue his lawsuit, the US Court of Appeals for the First Circuit in Boston said the way Glik was arrested and his phone seized under a state wiretapping law violated his First and Fourth Amendment rights:
The court noted that past decisions on police recording had involved fulltime reporters, but said the First Amendment does not apply just to professional news gatherer
The court continued that while exercise of these rights do come with limits in certain circumstances, an arrest on the Boston Common, "the oldest city park in the United States and the apotheosis of a public forum," is not one of them.[/QUOTE]