The appeals court was specifically tasked with finding out whether or not the public has a First Amendment right to photograph and film police without a clear expression of criticism or challenge to police conduct.

The court wrote:

“Fields’ and Geraci’s alleged ‘constitutionally protected conduct’ consists of observing and photographing, or making a record of, police activity in a public forum. Neither uttered any words to the effect he or she sought to take pictures to oppose police activity. Their particular behavior is only afforded First Amendment protection if we construe it as expressive conduct.”

The court ultimately stated, “We find no basis to craft a new First Amendment right based solely on ‘observing and recording’ without expressive conduct.”

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