Second Circuit Rules First Amendment Protects Recording Police

On August 17, 2026, the U.S. Second Circuit Court of Appeals delivered a ruling in Massimino v. Benoit (No. 25-1104), affirming that the First Amendment safeguards the public's ability to record law enforcement activities in public areas. This case stemmed from a 2018 event where Keith Massimino was apprehended while videotaping a police station. While the court found in favor of officers Matthew Benoit and Frank Laone, indicating that Massimino's rights were not clearly defined, it established a crucial precedent that recording constitutes a form of expression. The decision impacts Vermont, Connecticut, and New York, emphasizing that press credentials are not a factor. The National Press Photographers Association celebrated this as a major victory for both visual journalists and citizen documentarians.