As explained well by the Supreme Court of Hawaii,
Numerous jurisdictions have held that the First Amendment affords individuals the right to photograph and film police officers in public places. In Glik v. Cunniffe, for example, the First Circuit Court of Appeals held that “filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities,” is protected by the First Amendment. The First Circuit explained that “[g]athering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting ‘the free discussion of governmental affairs.’ ” Promotion of the free discussion of government operations is particularly desirable in the context of law enforcement officials because it may “aid[ ] in the uncovering of abuses” and “have a salutary effect on the functioning of government more generally.
And Florida Court of Appeals reiterated:
Even though we recognize that this protective language will not necessarily provide immunity for every instance where an individual videotapes an arrest—because an individual’s actions may go beyond the scope of the constitutional protections—there is a First Amendment right to videotape police officers while they are conducting their official duties in public:
Every Circuit Court of Appeals to address this issue (First, Fifth, Seventh, Ninth, and Eleventh) has held that there is a First Amendment right to record police activity in public. See Turner v. Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017); Gericke v. Begin, 753 F.3d 1 (1st Cir. 2014); Am. Civil Liberties Union of Ill. v. Alvarez, 679 F.3d 583 (7th Cir. 2012); Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011); Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000); Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995). Today we join this growing consensus. Simply put, the First Amendment protects the act of photographing, filming, or otherwise recording police officers conducting their official duties in public.” Fields v. City of Philadelphia, 862 F.3d 353, 355-56 (3d Cir. 2017).]
For Alabama citizens, most importantly, the 11th Circuit US Court of Appeals found such a right as well. (The 11th Circuit Court of Appeals is the highest court of appeals, just below the Supreme Court of the United States, for Alabama.) In Smith v. City of Cumming (11th Cir. 2000):
First Amendment right … to photograph or videotape police conduct [because the amendment] protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.
