There was a recent ruling in a first amendment case that does not protect the "filming" of police officers under the first amendment . Those who would film the police and then have their film confiscated or deleted claim that the police were violating their first amendment right. The judge in this instance had ruled that the filming was not protected under the fist amendment. The judge had said "we find no basis to craft a new First Amendment right based solely on 'observing and recording.'"
I agree with the judge that under the first amendment observing and recording isn't protected. It's not technically expressive action so there is a gap in this situation. Maybe our constitution needs another change, it has been done before many times as we evolve as a nation. Today's generation is very different from the time the Constitution was written; there were no cameras, no cell phones, no technology. We are a very technologically advanced society and sometimes changes need to be made or new rights need to be added in order to continue to protect the rights of Americans.
http://www.huffingtonpost.com/entry/filming-police-isnt-a-first-amendment-right-federal-judge-rules_us_56d5d57ce4b03260bf783785
This is very interesting. I agree that with the times changing the first amendment may also need to be fixed in order to match the new technology.
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