Legal Q&A: Recording public officials (Feb. 2018)
Q: Can you record public officials on public property?

A: Yes. The rights under the First Amendment are not absolute but assuming the act of recording does not substantially interfere with the public official’s performance of his or her duties and/or does not violate what a court would later consider to be reasonable time, place, and manner restrictions on the freedom of speech in that location, a citizen’s recording of the activities of the public official are constitutionally protected.
Taylor M. Smith IV is a media lawyer who represents the S.C. Press Association and its newspapers. As one of our FOI/Legal Hotline attorneys, he is available to answer your open government, legal and libel questions. Call (803) 750-9561.
Other recent columns
Mystery Plant 707
Mystery Plant! #707 John Nelson 1/26/23 By John Nelsonjohnbnelson@sc.rr.com A few days ago I was up at the herbarium…
We Need Tree Scholars
We Need Tree Scholars Tom Poland 1/24/23 By Tom PolandA Southern Writerwww.tompoland.nettompol@earthlink.net The January-February 2023 issue of South Carolina Wildlife magazine ran my story on…
Maybe we should let someone hold our mule
Maybe we should let someone hold our mule Dr. William Holland 1/23/23 By Dr. William Holland “Hold my mule” is a figurative expression from the…
A Writer’s Moon Tide Memories
A Writer’s Moon Tide Memories Tom Poland 1/23/23 By Tom PolandA Southern Writerwww.tompoland.nettompol@earthlink.net It seems like yesterday though it was forty-five years. I took a…
Mystery Plant 706 (transmitted 17 January 2023)
Mystery Plant! #706 John Nelson 1/19/23 By John Nelsonjohnbnelson@sc.rr.com Lots of people in the Southeast –and beyond– grow this plant as a shrub or hedge…
A Story Of Music, Trees, And Family By Two Sons Of The American South
A Story Of Music, Trees, And Family By Two Sons Of The American South Tom Poland 1/19/23 By Tom Poland A Southern Writer www.tompoland.net tompol@earthlink.net…