JEAN v. MASSACHUSETTS STATE POLICE

No. 06-1775.

492 F.3d 24 (2007)

Mary T. JEAN, Plaintiff, Appellee, v. MASSACHUSETTS STATE POLICE, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 22, 2007.


Attorney(s) appearing for the Case

Ronald F. Kehoe, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants.

Eric B. Hermanson, with whom Sara E. Solfanelli, Choate, Hall & Stewart LLP, John Reinstein, and American Civil Liberties Union of Massachusetts were on brief, for appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

This case presents the question of whether the First Amendment prevents Massachusetts law enforcement officials from interfering with an individual's internet posting of an audio and video recording of an arrest and warrantless search of a private residence, when the individual who posted the recording had reason to know at the time she accepted the recording that it was illegally recorded. The appellant state police officers challenge the district...

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