The Georgia First Amendment Foundation condemns the growing pattern of government actions that intimidate, obstruct, and punish newsgathering and public oversight of law enforcement. Across the country, journalists and legal observers have been detained, arrested, or threatened in connection with protests or observation of agents from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Patrol. The recent arrests of journalists for the simple act of covering ICE-related events in Minnesota underscore a dangerous trend of weaponizing law enforcement to chill journalists, shut down protestors, and discourage witnesses from documenting what they see.
Just as concerning are efforts to restrict or criminalize the right of ordinary people to record government officials in public spaces, including law enforcement officers. A broad and growing body of case law recognizes that recording officials performing their duties in public is protected by the First Amendment. Courts have repeatedly affirmed that creating and sharing information about government conduct is core protected speech. Attempts by law enforcement and government officials to label filming as “illegal” or to treat cameras as a pretext for detention weaken public trust and erode constitutional norms.
The Foundation calls on government at every level to uphold three basic commitments:
(1) To respect the right of the press and the public to peacefully observe and document government action in public;
(2) To stop retaliatory arrests and investigations that target newsgathering, livestreaming, and lawful recording; and
(3) To adopt clear policies and training that treat recording as protected activity, with accountability when law enforcement and government officials violate those standards.
Transparency is the lifeblood of democracy. A free press and an informed public are not inconveniences to be minimized; they are constitutional guardrails that protect our society and way of life.
Every person has a right to participate in civic processes. To learn more about your rights, please see GFAF’s resources at www.gfaf.org.
The Georgia First Amendment Foundation, established in 1994, is a nonpartisan nonprofit organization that advocates across the state for the freedoms of speech, press, and assembly, as well as information access. Find more information and resources at GFAF.org.
