Bystander videos have played a crucial role in exposing instances of police violence over the past few decades. They have brought attention to cases like the Rodney King beating in 1991 and the more recent killings of George Floyd and Eric Garner. Now, a group of social media personalities, including SeanPaul Reyes, known as Long Island Audit, are pushing the boundaries of what is legally and socially acceptable when it comes to filming police officers.
Reyes and others like him are part of a growing movement known as constitutional activists or First Amendment auditors. They visit government buildings, including police precincts, town halls, and libraries, to test whether officials will allow them to exercise their First Amendment rights by recording in these spaces. Often, law enforcement officials try to stop them from filming, and in some cases, Reyes has been asked to leave or even arrested. The NYPD argues that filming inside precincts undermines the privacy of individuals interacting with the criminal justice system and compromises ongoing investigations.
However, Reyes continues to film, passionately asserting his First Amendment right and challenging officials' understanding of the law. He has spent time consulting with attorneys, studying constitutional law, and researching police policies. Through his platform on YouTube and Facebook, where he has hundreds of thousands of followers, Reyes aims to expose what he believes are problematic officers and hold them accountable.
Filming police in public places is generally protected by the First Amendment, and New York City has gone a step further to guarantee people's right to record. However, legal experts and law enforcement officials agree that there are limits to these rights. The line between what is legal and what isn't when it comes to videotaping police can be blurry and depends on the specific situation. Filming on public sidewalks is generally allowed, but filming on private property requires permission. When it comes to filming arrests, maintaining a safe distance is important.
In 2018, the NYPD imposed a blanket restriction on filming in police precincts, including public lobbies. This policy faced legal challenges, leading to the passing of the Right to Record Act by the City Council. The law not only codified the right to record police but also mandated that officers track arrests and summonses issued to people who are recording. However, according to NYPD data, over 2,700 people were still arrested while filming police in 2021 and 2022.
Opinions on auditors like Reyes and their impact on transparency and accountability are mixed. Some argue that they are improving transparency by exposing potential misconduct and providing evidence. Others, including former law enforcement officers, believe that auditors should approach officers and explain their intentions to avoid escalating situations and ensure safety. There is recognition that cameras can interfere with police work and potentially compromise the safety of officers and others involved in an incident.
Mayor Eric Adams has emphasized the need for a proper way to police and document, encouraging people to maintain a safe distance when recording. Former NYPD officers have expressed differing views, with some welcoming recordings as a safeguard against false accusations and others highlighting the potential safety concerns when cameras are thrust into an officer's face.
In support of the right to record, groups like LatinoJustice have advocated for individuals who have faced arrest or mistreatment while filming inside police precincts. They argue that the Right to Record Act protects recording in publicly accessible areas of police precincts and should be interpreted broadly.
The debate around filming police highlights the complex balance between protecting individuals' rights, promoting transparency, and ensuring public safety. As more people record interactions with law enforcement, there is hope that increased scrutiny will encourage officers to adhere to guidelines and regulations. The ultimate goal is to foster accountability and prevent instances of misconduct within the police force.
View Long Island Audit's work by visiting his YouTube channel at youtube.com/@LongIslandAudit
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