Second Circuit Affirms First Amendment Right to Record Police in Public
The Second Circuit ruled individuals have a constitutional right to record police in public.
Why it matters: This ruling clarifies and strengthens protections for journalists and the public to record police activity, enhancing transparency and accountability nationwide.
- The ruling was issued on August 17, 2026, in Massimino v. Benoit by the U.S. Court of Appeals for the Second Circuit.
- The case arose from Keith Massimino's 2018 arrest in Waterbury, Connecticut, for recording a police station exterior from a public sidewalk.
- Massimino's 2021 civil rights suit claimed violation of his First Amendment rights; the district court initially dismissed it.
- The Second Circuit joins other federal appellate courts recognizing the constitutional right to record public officials, including police, in public spaces.
On August 17, 2026, the U.S. Court of Appeals for the Second Circuit ruled in Massimino v. Benoit that individuals hold a First Amendment right to record law enforcement activities in public spaces. This affirmed that recording government buildings or officers from public sidewalks is protected speech under the Constitution.
The case originated in 2018 when Keith Massimino was arrested in Waterbury, Connecticut, after recording the exterior of a police station. He did not provide identification when asked, leading to his arrest. Massimino filed a civil rights lawsuit in 2021 against the arresting officers, alleging the arrest violated his First Amendment rights.
Originally, the U.S. District Court for the District of Connecticut dismissed the lawsuit, granting qualified immunity to the officers and doubting the existence of a constitutional right to record law enforcement from a public place. The Second Circuit's decision overturned this skepticism and joined other federal appellate courts in affirming this constitutional right.
As the Reporters Committee for Freedom of the Press and Dow Jones noted in their amicus brief, "The ability of the press to gather news and inform the public depends on the well-settled right to record in public places." This ruling thus solidifies legal protections essential for journalists, legal observers, and the general public who seek to ensure police accountability.
The Second Circuit's ruling contributes to a growing national consensus that recording public officials in public spaces is constitutionally protected free speech, bolstering civil rights law and democratic oversight of law enforcement.
By the numbers:
- August 17, 2026 — Date of the Second Circuit decision in Massimino v. Benoit
- 2018 — Year Keith Massimino was arrested for recording police station from public sidewalk
- 2021 — Year Massimino filed his First Amendment civil rights lawsuit