1st Amendment and Free Speech/student photography rights

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Expert: - 12/12/2007


Question
If there is a fight at a public high school, can students snap pictures of it and can the administration or the police confiscate the student's cell phone or camera to prevent those pictures from getting out?

Answer
Hi Greg,

Under the First Amendment, Police or other school officials would not be able to justify confiscation of such pictures.  Despite this, it does happen with some frequency.  Whenever someone sues them, they almost always lose.  If this is an actual case, you might want to contact the ACLU or some similar group to evaluate a potential lawsuit.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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