Public Filming

By Terry Baxter, Law Enforcement and Safety Specialist

There have been reports of individuals coming to courthouses and filming the interior as well as the exterior of the building. Reports include the individual’s filming as well as inquiring about building tenants, staff and elected officials.

There is a social movement throughout the United States, and Nebraska is not immune from this particular activity. Individuals have been entering government buildings and filming in public spaces. These individuals refuse to self-identify or explain their activities, sometimes putting building tenants on edge with feelings of concern for their personal wellbeing. There have not been any reports of these individuals becoming violent. They have thus far, simply walked around the courthouse filming and only interacted with a few of the building tenants, once their activity is completed, they leave.

At this time, there does not appear to be a particular organization conducting these visits, and it is believed the filming is targeting public officials as well as law enforcement. Though you may observe the individuals filming access points to the building, security equipment and courthouse activity/operations, believe it or not, as along as the area the individuals are filming is deemed a public place and public access is permitted to the particular area, there is no law preventing the filming activity.

Citizens have a broad right to record government activity and employees, as long as their behavior does not disrupt government operations or interfere with other members of the public wanting access to the public facility or public services. However, the act of filming is not considered enough disruption, as along as the person filming remains in a public place where the public is legally allowed.

The majority of conflict with these individuals occurs with law enforcement when officers deem the filming to be a suspicious behavior. They confront the individuals and attempt to gather intel information which the individuals usually decline to give. Courts have reviewed this issue and held a person filming in a public place, a place they have a right to be, does not constitute a reasonable suspicion to detain, justify demanding identification or probable cause to arrest.

These individuals are exercising their First Amendment Rights (Freedom of Speech and Freedom of the Press). Supposedly the purpose for the filming is to educate the public that filming is not a violation of law and to hold public officials accountable.

International Association of Chiefs of Police issued a statement that states the use of recording device alone is not grounds for arrest, unless other laws are violated. Law enforcement need to be cautious when dealing with these individuals as they also exercise Fourth Amendment (Unreasonable Search and Seizures) as well as Fifth Amendment Rights (Right to Remain Silent). If law enforcement encounter results in a perceived violation of the individuals protected rights, the video is usually posted on the social media and may serve as a basis for litigation.

Being a government employee keeps you under a constant microscope by the public and you do not always get the same type of protections a private sector employee does. Hopefully these encounters go smoothly, but it doesn’t put an ease to the minds of those affected, especially with all the workplace violence events occurring nationwide.