Whether a First Amendment right to record police activities in public has been clearly established

QUESTIONS PRESENTED 1. Whether a First Amendment right to record police activities in public has been clearly established so as to preclude application of qualified immunity where an officer prevents an individual from recording police activity. 2. Whether after a circuit court of appeals has already held a citizen’s First Amendment right to record official police activity is clearly established, the circuit court can disestablish and restrict the First Amendment right to record by applying a novel and discretionary ad hoc exception to the right.