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''Glik v. Cunniffe'', 655 F.3d 78 (1st Cir. 2011) was a case at the United States Court of Appeals for the First Circuit that held that a private citizen has the right to record video and audio of public officials in a public place, and that the arrest of the citizen for a wiretapping violation violated the citizen's First and Fourth Amendment rights. == Background == On October 1, 2007 while walking in Boston Common, Simon Glik observed an arrest by Boston police officers John Cunniffe, Peter Savalis, and Jerome Hall-Brewster.〔''Glik v. Cunniffe'', ; Caycee Hampton, ''Confirmation of a Catch-22: Glik v. Cunniffe and the Paradox of Citizen Recording'', 63 1549 (2011); Van Tassell, 2013 at 183.〕 A bystander stated that the officers were hurting the person being arrested.〔''Glik'', 655 F.3d at 80; Steven A. Lautt, ''(Sunlight Is Still the Best Disinfectant: The Case for a First Amendment Right to Record the Police )'' 51 349, 362 (2012).〕 Glik filmed the encounter with his cell phone due to his concern that the officers were using excessive force.〔Michael Potere, ''Who Will Watch the Watchmen?: Citizens Recording Police Conduct'' (2012); Van Tassell, 2013 at 183; Justin Welply, ''When, Where and Why the First Amendment Protects the Right to Record Police Communications: A Substantial Interference Guideline for Determining the Scope of the Right to Record and for Revamping Restrictive State Wiretapping Laws'', 57 1085, 1103 (2013).〕 Although Glik was 10 feet away and was not interfering with the arrest, he was told by one of the officers to stop taking pictures. Glik replied that he was recording the incident, and when the officer determined that this included audio, placed Glik under arrest for violating the Massachusetts wiretapping law.〔''Glik'', 655 F.3d at 80; Lautt, 51 at 362; Van Tassell, 2013 at 183; Daniel Rowinski, ''(Police Fight Cellphone Recordings )'', , Jan. 12, 2010.〕 Glik was charged with wiretapping, disturbing the peace, aiding in the escape of a prisoner.〔''Glik'', 655 F.3d at 80; 7 (Woodrow Barfield ed., 2d ed. 2015); Hampton, 63 at 1549.〕 He was taken to the South Boston police station and his cell phone and a computer flash drive were held as evidence.〔''Glik'', 655 F.3d at 80; Rowinski, ''Police Fight Cellphone Recordings''.〕 The Commonwealth dropped the charge of aiding in escape prior to trial.〔''Glik'', 655 F.3d at 80; Matthew Aulin Crist, ''You Have the Right to Remain Vigilant: Law Enforcement Officers' Unconstitutional Responses to Being Recorded'', 91 77, 79 (2014).〕 The Boston Municipal Court dismissed the other two counts in February 2008, noting that there was no probable cause for the wiretapping arrest and that the officers were unhappy about being recorded.〔''Glik'', 655 F.3d at 80; ''Commonwealth v. Glik'', (No. 0701-CR-6687 ) (Bos. Mun. Ct. Jan. 31, 2008); Alderman, 33 at 490 n.20; Lautt, 51 at 349.〕 Glik then filed a complaint with the Internal Affairs section of the Boston Police Department.〔''Glik'', 655 F.3d at 80; Alderman, 33 at 490.〕 After the department failed to investigate the complaint,〔Alderman, 33 at 490.〕 Glik, represented by the American Civil Liberties Union, along with David Milton and Howard Friedman, filed a civil rights lawsuit against the officers and the city, alleging violations of his First and Fourth Amendment rights.〔''Glik'', 655 F.3d at 80; Hampton, '63 at 1549-1550; Van Tassell, 2013 at 183; Sheri Qualters, ''(Boston Lawyer Sues Police, City Over His Arrest for Recording an Arrest )'', Law.com, (Feb. 2, 2010).〕 The officers moved for dismissal, based in part on qualified immunity. The United States District Court for the District of Massachusetts denied the motion, noting that "this First Amendment right publicly to record the activities of police officers on public business is established."〔''Glik'', 655 F.3d at 80; Hampton, '63 at 1550-1551; Lautt, 51 at 349.〕 The officers then made an interlocutory appeal of the denial to the First Circuit Court of Appeals.〔''Glik'', 655 F.3d at 80; Lautt, 51 at 349.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Glik v. Cunniffe」の詳細全文を読む スポンサード リンク
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