The Court of Federal Appeals (Lewis F. Powell Courthouse) and the skyline of Richmond, Virginia, in the early morning from the foot of the Virginia Capitol grounds, in Richmond, Virginia. (Credit: Acroterion via Wikimedia Commons)
An appeals panel stressed Thursday morning that the Fourth Amendment, and its greater leeway for police, was more important than the First Amendment when a cop asked a passenger to stop livestreaming a traffic stop.
“It seems to me the issue here is what may police do to persons that are subject to a traffic stop or arrest, when they’re in police control, what may the police do? And usually, we start that analysis under the Fourth Amendment,” said Judge Paul Niemeyer of the U.S. Court of Appeals for the Fourth Circuit during a hearing at the Richmond-based court.
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