United States First Circuit

In a suit involving an individual's internet posting of an audio and video recording of an arrest and warrantless search of a private residence, preliminary injunction prohibiting the state police from interfering with the posting is affirmed where the poster has a reasonable likelihood of success on the merits of her claim that the First Amendment protects the posting of the recording, even if she had reason to know at the time she accepted the recording that it was illegally recorded.

Appellate Information

• Decided 06/22/2007
• Published 06/22/2007

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ronald F. Kehoe, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants.


• For Appellees:
  
• Eric B. Hermanson, with whom Sara E. Solfanelli, Choate, Hall & Stewart LLP, John Reinstein, and American Civil Liberties Union of Massachusetts were on brief, for appellee.