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Recording in public? The First Amendment has its limits

On behalf of the Village of Wilmette, Michael Hartigan recently briefed and argued before the 7th Circuit Court of Appeals in the matter of Marshall Spiegel v. Village of Wilmette, 18-1070.

Spiegel, while recording his neighbor, McClintic, was threatened with arrest for disorderly conduct. Spiegel challenged this threat arguing that the First Amendment protected his conduct as it occurred in a public space. The District Court and Appellate Court rejected this argument finding that the officers’ actions did not violate his constitutional rights, were not representative of a larger policy of the Wilmette Police Department and that the Village’s disorderly conduct ordinance applied to such conduct.

A link to this interesting opinion is below:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D02-14/C:18-1070:J:Kanne:aut:T:fnOp:N:2293715:S:0