First Amendment protects right to record, audio and video, government officials, including law enforcement officers, discharging their duties in a public place, even without consent of person recorded; some limitations on the right may comport with First Amendment; Massachusetts statute banning secret recording without regard to topics or ideas recorded was content neutral and therefore not subject to strict scrutiny, statute must be subjected to intermediate scrutiny; statute held unconstitutional because not narrowly tailored to further governmental interests of preventing interference with police activities and the protection of individual privacy
Citation
Actionable Conduct Edition