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Smith v. City of Cumming
Citation: 212 F.3d 1332Docket: 99-8199
Court: Court of Appeals for the Eleventh Circuit; May 31, 2000; Federal Appellate Court
Original Court Document: View Document
James and Barbara Smith filed a lawsuit against the City of Cumming, Georgia, and its police chief, Earl Singletary, under 42 U.S.C. § 1983, claiming harassment by the police and a violation of Mr. Smith's First Amendment rights to videotape police actions. They appealed the summary judgment in favor of the City and Singletary, as well as the denial of their motion to amend their complaint to include another police chief, Ralph "Buck" Jones. The court affirmed the lower court's decision. It acknowledged the Smiths' First Amendment right to gather information, including the right to record police conduct in public, subject to reasonable restrictions. The court referenced several cases that supported this right, emphasizing that it is not limited to news organizations. Despite recognizing the Smiths' right to videotape, the court concluded they failed to demonstrate that the defendants' actions had violated this right, thus affirming the summary judgment. Additionally, the court found no merit in the other arguments presented by the Smiths.