Court Decision on Recording Police Erodes First Amendment – Inviting Violence

Isn't the police recording itself increasingly? In jurisdiction where it is the case, surely there would be no reason to ban third party recording?

Hmm; but most streets in major city centers already have some kind of video surveillance. Does that mean street-facing cameras are now criminal if a cop walks past? Under eavesdropping case law, you can record anywhere there's no expectation of privacy (this may vary by state).

ADA challenge -- what if I'm blind and using an assistive device that uses video?

If this precedent stands (it won't, the 3rd district is dumb but not this dumb) it will be a let them eat cake moment. Any form of civil disobedience that involves videoing something with your cellphone will catch on like wildfire.

Though the EFF's argument that there is no distinction between publishing and its antecedents (i.e. photography) is bogus. The go-to case for where art becomes harm is child porn. Not prohibited to videotape your young kids in the bath, not okay to sell the photos to perverts.