Police Magazine Logo
MenuMENU
SearchSEARCH

Eighth Circuit Court of Appeals Rules Public Has No Right to Record Officers on Duty

The ruling is only applicable in the Eighth Circuit, which encompasses: the Eastern District of Arkansas, the Western District of Arkansas, the Northern District of Iowa, the Southern District of Iowa, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nebraska, the District of North Dakota, and the District of South Dakota.

August 11, 2017
2 min to read


In a free speech ruling that contradicts six other federal circuit courts, the Eighth Circuit Court of Appeals has upheld a district court ruling that says Americans do not have a First Amendment right to videotape the police, or any public official, in public.

The court of appeals filed the opinion July 25. The ruling is only applicable in the Eighth Circuit, which encompasses: the Eastern District of Arkansas, the Western District of Arkansas, the Northern District of Iowa, the Southern District of Iowa, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nebraska, the District of North Dakota, and the District of South Dakota. Other federal courts of appeal have ruled that people do have a First Amendment right to record public officials while they are performing their duties, including officers.

Ad Loading...

The case stemmed from a lawsuit brought by Matthew Akins of Columbia, MO, who has had numerous run-ins with police as he attempted to videotape them pulling cars over and making arrests. Akins was typically standing on public property such as a street or sidewalk while videotaping the encounters. Akins was videotaping the encounters on behalf of a group called Citizens for Justice, which he founded in 2010, KCRG TV reports.

According to his lawyer, Stephen Wyse, Akins was threatened numerous times for his actions, his employer was hassled, and he was ordered to stop videotaping by police on several occasions. He had charges filed against him, many of which were later dropped, according to the Eighth Circuit ruling.

Akins sued Boone County Prosecutor Dan Knight and several Columbia police officers, citing violations of his First, Second, Fourth, and Fourteenth Amendment rights.

This contradictory ruling by the U.S. Court of Appeals for the Eighth Circuit is likely to trigger a U.S. Supreme Court review of this issue.

Officers should make sure they know applicable law in their jurisdictions before interfering with a person recording them on duty. Doing so can result in a civil rights lawsuit.

More Patrol

Bradenton, Florida, Police Department’s September 2026 Officers of the Month: Sergeant Andres Perez and Officers Rosey Bautista, Michael Wall, and Alexandra Fallacaro, pictured in uniform beside American flags.
Patrol•October 30, 2026

NLEOMF Honors September 2026 Officers of the Month

Four Bradenton Police Department officers were selected as the NLEOMF Officers of the Month for September 2026 for a nighttime water rescue.

Read More →
BLACKHAWK! Mini EDC multitools displayed in tan and black, showing open pliers, knives, and other tools alongside their folded configurations against a textured gray background with the BLACKHAWK! logo.
Patrol•October 29, 2026

Blackhawk Debuts Mini EDC Pocket Multi-Tool

The Blackhawk Mini EDC Pocket Multi-Tool stows easily in pants pockets thanks to a sturdy stainless steel pocket clip and incorporates several essential/emergency tools into a single, high-mobility unit.

Read More →
Team Wendy EXFIL Endurance ballistic helmet in olive green with tactical rails and chin strap, displayed alongside the Team Wendy logo and product headline against a textured black-and-gray background.
Patrol•October 23, 2026

Team Wendy Introduces the EXFIL Endurance Ballistic Helmet, Engineered to Reduce the Burden of Extended Wear

Team Wendy has launched its EXFIL Endurance, a new lightweight ballistic helmet engineered to deliver protection, comfort, and fit during demanding, extended operations.

Read More →
Ad Loading...
Collage featuring paramedics, firefighters, police officers, and emergency vehicles surrounding the First Responders Children’s Foundation logo, highlighting the organization’s support for families of first responders.
Patrol•October 22, 2026

The First Responders Children’s Foundation National First Responders Day Roll Call of Heroes Ceremony Returns to Times Square, NYC

First Responders Children’s Foundation (FRCF), in collaboration with T-Mobile, will host the Roll Call of Heroes ceremony in Times Square to commemorate National First Responders Day on Wednesday, Oct. 28. During the event, FRCF will present 18 Hero Awards.

Read More →
Streamlight promotional graphic showcasing four lighting products: TLR-3X, PolyTac 1X, ProTac Rail Mount 1L-X, and ProTac Rail Mount VIR Pro, displayed against an orange and black background with the Streamlight logo.
Patrol•October 22, 2026

Streamlight to Showcase Newest Lighting Products for Law Enforcement Professionals at IACP 2026

Streamlight will showcase its newest lights for law enforcement at the International Association of Chiefs of Police Annual Conference & Expo. Featured lights will include the TLR-3 X, the PolyTac 1X, and more.

Read More →
Streamlight Portable Scene Light III featuring a tripod-mounted LED work light and close-up product view, with a badge recognizing it as the 2026 OH&S New Product of the Year winner.
Patrol•October 15, 2026

Streamlight Portable Scene Light III Wins 2026 OH&S New Product of the Year Award

Streamlight’s Portable Scene Light III has won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.

Read More →
Ad Loading...
Hands insert an Adept Armor protective plate into a camouflage tactical plate carrier, demonstrating how the armor plate fits inside the vest.
Patrol•September 17, 2026

Adept Armor Introduces Two New Rifle Plates

Adept Armor has launched two new Level IV ballistic plates, the Emperor and the Archon Mark 2, which brings Adept Armor’s new Quatroid ceramic to the high-threat, performance-value center of the range at 5.2 pounds.

Read More →
Open Benchmade folding knife with a bronze-colored blade, textured dark handle, and braided lanyard resting on weathered wooden boards.
Patrol•by Wayne Parham•September 17, 2026

POLICE Product Test: Benchmade Bailout

The Benchmade Bailout is a slim, lightweight carry knife with a deep-ride pocket clip and comes in a variety of blade steels and scales. Here is a detailed review of the Taiga Green Bailout, released earlier this year.

Read More →
Officer of the Month graphic honoring Deputy Lorne Juday of the Osceola County, Michigan, Sheriff’s Office for July 2026, featuring a portrait of Juday in uniform.
Patrol•September 17, 2026

NLEOMF Announces July 2026 Officer of the Month

NLEOMF honored a Michigan deputy sheriff as the July 2026 Officer of the Month for rescuing a trapped driver from a burning vehicle following a Fourth of July crash.

Read More →
Ad Loading...
Streamlight promotional graphic featuring the LiteBox 1 Million handheld light and Portable Scene Light III, highlighting products displayed for the 2026 National Safety Council Safety Congress & Expo in Indianapolis, Sept. 14–16.
Patrol•September 10, 2026

Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026

Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.

Read More →