“”Observing, following, and recording law enforcement are unambiguously protected by the First Amendment of the Constitution,” Bier tells Reason. “They are not obstruction of justice. The right to record helps guarantee justice by ensuring accountability and an accurate record of events.”
…
The guiding First Amendment principle behind these court decisions was most memorably expressed in the 1987 Supreme Court ruling in Houston v. Hill, which struck down a Houston ordinance that made it unlawful to oppose or interrupt a police officer: “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state,” Supreme Court Justice William J. Brennan Jr. wrote.”