Colorado Journalist Detained by Police for Recording from a Public Place

After stopping to investigate police activity, Susan Greene was told to stop recording because it would be a HIPAA violation. When she refused, she was handcuffed and put in the back seat of a police car and then released.

Some things to unpack here … Greene was in a public place as were the police so there is no expectation of privacy there. The Health Insurance Portability and Accountability Act only applies to medical professionals. And by detaining and then releasing her, they prevented her from doing her job. Even with no charges being filed, this was effectively a case of prior restraint by a government official.

Mark E. Johnson

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