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Such concerns are why the ACLU recommends (including in our model legislation) that police department adopt a policy against the taking of video of people who are merely exercising their First Amendment rights.Of course, none of this means that the police cannot turn on their cameras during the inauguration or march if something goes down.The purpose of body cameras is to serve as a check and balance on the enormous power that society confers on police officers, including the power to use brutal or even deadly force in some circumstances—a power that we all now know has unfortunately been abused all too often.The purpose of body cameras is NOT to serve as an intelligence gathering tool helping police collect information on people exercising their rights.And that law is not absolute; in its full form it says that: MPD officers may record First Amendment assemblies for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of law enforcement units, and for training purposes; provided, that recording First Amendment assemblies shall not be conducted for the purpose of identifying and recording the presence of individual participants who are not engaged in unlawful conduct. There is a long history of law enforcement compiling dossiers on peaceful activists exercising their First Amendment rights in public marches and protests, and using cameras to send an intimidating message to such protesters: “we are WATCHING YOU and will REMEMBER your presence at this event.” For a vivid picture of how photography can create chilling effects, recall the civil rights march from Selma to Montgomery Alabama in 1965, when Alabama state troopers viciously attacked and beat peaceful protesters.

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