You pull out your phone as officers stop someone on the sidewalk. Seconds later, an officer tells you to back up. Can you keep filming? Many Tennessee residents are asking that question and a federal lawsuit may help shape the answer.
What Demster v. Blanche challenges
In May 2026, the ACLU and its partners filed Demster v. Blanche in federal court in Memphis. Four Memphis residents say agents pushed them back, threatened them or arrested them for recording law enforcement. The suit also targets Tennessee’s “Halo Law.” That law makes it a Class C misdemeanor to come closer than 25 feet to a law enforcement officer after one warning to stop or retreat. Violating the order can result in criminal charges carrying up to six months in jail and a $500 fine. The plaintiffs claim agents have used it to push observers out of clear view. The case remains pending, so the outcome is uncertain.
Your First Amendment right to record
Many courts have recognized that the First Amendment may protect your ability to record police doing their jobs in public. That protection generally has limits, though. Officers may argue that your filming interfered with their work or put someone at risk. Those arguments often depend on the specific case, such as where you stood and what you did.
Where the Fourth Amendment fits in
The Fourth Amendment protects you from unreasonable searches and seizures. If an officer detains you or takes your phone only because you were filming, you may have grounds to question whether that action was reasonable. Officers typically need a warrant to search the contents of your phone, though a few exceptions might apply.
Obstruction charges and your recording
Tennessee’s resisting arrest law, covers people who intentionally obstruct an officer carrying out a stop or an arrest. It often involves force or physical interference. Filming from a reasonable distance usually looks different from blocking an officer’s path. Still, officers sometimes disagree with that view. Actions that could raise obstruction concerns include:
- Stepping between officers and the person they are detaining
- Touching or grabbing an officer or equipment
- Refusing to move after a clear order to leave a tense scene
Because these situations can change quickly, you may want to weigh each choice carefully in the moment.
Practical steps during a police encounter
Every encounter looks a little different. Even so, some people find these steps helpful:
- Staying calm and keeping your hands visible
- Saying clearly that you are recording
- Asking politely whether you are free to leave
Afterward, you might consider saving your video in more than one place. A video may help a lawyer review what happened.
Know your rights before the camera rolls
Recording police in Tennessee is not automatically illegal, but the rules around distance and interference continue to evolve. If an officer arrests or charges you, speaking with a Tennessee criminal defense attorney may help you understand your legal options.
