The Supreme Court heard oral arguments Dec. 5 in 303 Creative LLC v. Elenis, a case brought by a Colorado-based website designer who argues that the state’s anti-discrimination law violates her freedom of speech and religion — but her challenge came before the law was enforced against her.
The court referenced First Amendment principles and the previous six U.S. appeals courts' decisions as relevant precedents to decide in favor of a self-identified journalist YouTube blogger, Abade Irizarry.
Despite numerous legal challenges over the right to record police officers in public, the Supreme Court has not yet ruled on the question of whether citizens have a First Amendment right to record the police. Because of this, only states in judicial districts that have established the right to record as a constitutional right consider it a “clearly established law.”
A Democratic state representative and former journalism teacher from Colorado, Barbara McLachlan, is pushing for legislation that would provide extra protections for student journalists and the teachers who advise them.
The 1st, 3rd, 5th, 7th, 9th, and 11th U.S. Circuit Courts of Appeals have all held that the First Amendment protects people who record police officers performing their official duties in public.