Adding extra impetus to Boston's training regimen was a
ruling last August in the Glik case from the U.S. Court of Appeals for the First Circuit. Glik filed suit after being charged with violation of Massachusetts' wiretap statute, disturbing the peace, and aiding in the escape of a prisoner (the original fellow being arrested by police, who did not actually escape).
Glik said he made the recording because he believed excessive force had been used during the arrest. Eventually, prosecutors dismissed the charge of aiding in the escape. Only after the case went to court did they abandon the other charges; Glik responded filed a civil rights lawsuit alleging, among other things, First Amendment violations.
The First Circuit sided with Glik, saying that "numerous circuit and district courts" have reached similar conclusions and that the First Amendment's newsgathering protections apply beyond traditional media organizations:
The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these (First Amendment) principles... This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties... Such peaceful recording of an arrest in a public space that does not interfere with the police officers' performance of their duties is not reasonably subject to limitation.