Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000). · Go Syfert
Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000). Cases Citing This Book View Copy Cite
Quick Summary

The First Amendment protects the right to record matters of public interest on public property subject to reasonable time, manner, and place restrictions.

After being prevented from videotaping police actions, plaintiffs filed a Section 1983 suit alleging a violation of their First Amendment rights. The court considers whether the First Amendment protects the right to record matters of public interest on public property. The court holds that the First Amendment protects the right to gather information about the actions of public officials on public property, specifically including the right to record matters of public interest, subject to reasonable time, manner, and place restrictions. However, because the plaintiffs failed to prove that the defendants' specific conduct actually violated this right, the court affirms the grant of summary judgment.

254 citation events (254 in the last 25 years) across 64 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Cited for
At page 1333 Protecting right to record public official conduct104 citing cases“the first amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.”32 citing courts quote it · 102 listed here
  • (PS) Brown v. Roseville City Sch. Dist., No. 2:23-cv-02256 (E.D. Cal. May 2, 2024).
    (The First Amendment protects the 25 right to gather information about what public officials do on public property, and specifically, a 26 right to record matters of public interest)
  • Sarah Molina v. Daniel Book, 59 F.4th 334 (8th Cir. 2023).published
    (The First Amendment protects the right to gather information about what public officials do on public property.)
  • Hils v. Davis, No. 1:21-cv-00475, 2022 WL 769509 (S.D. Ohio Mar. 14, 2022).
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.)
  • Keup v. Sarpy Cnty., No. 8:21-cv-00312 (D. Neb. Jan. 21, 2022).
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.)
  • Collins v. Barela, No. 1:21-cv-00863 (D. Colo. Dec. 21, 2021).
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest)
  • Irizarry v. Yehia, No. 1:20-cv-02881 (D. Colo. June 8, 2021). 2 cites
    (As to the First Amendment claim under Section 1983, we agree with the Smiths that they had a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct.)
  • James P. Crocker v. Deputy Sheriff Steven Eric Beatty, 995 F.3d 1232 (11th Cir. 2021).published 6 cites
    (The First Amendment protects the right to gather information about what public officials do on public property[.])
  • Ray Askins v. Usdhs, 899 F.3d 1035 (9th Cir. 2018).published
    (The First Amendment protects the right to gather information about ASKINS V. DHS 17 what public officials do on public property, and specifically, a right to record matters of public interest.)
  • W. Watersheds Proj. v. Michael, 869 F.3d 1189 (10th Cir. 2017).published
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.)
  • Gilles v. Davis, 427 F.3d 197 (3d Cir. 2005).published 6 cites
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.)
Show 92 more citing cases
  • State of Tennessee v. George Harris Patterson, III, No. M2024-01608-CCA-R3-CD (Tenn. Crim. App. Mar. 11, 2026).published
    (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.)
  • Bailey, No. 4:24-cv-01094 (E.D. Ark. Sept. 14, 2026).
    See Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011); Fields v. City of Philadelphia, 862 F.3d 353, 360 (3d Cir. 2017); Turner v. Lieutenant Driver, 848 F.3d 678, 689 (5th Cir. 2017); Irizarry v. Yehia, 38 F.4th 1282, 1292 (10th Cir. 2022…
  • Massimino v. Benoit, No. 25-1104 (2d Cir. Aug. 17, 2026).published
    Union of Ill. v. Alvarez, 679 F.3d 583 , 594-95 (7th Cir. 2012); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir. 1995); Irizarry v. Yehia, 38 F.4th 1282, 1289 (10th Cir. 2022); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir…
  • Quintero, No. 1:24-cv-22612 (S.D. Fla. July 1, 2026).
    “the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • Moises A. Quinteros-Orellana v. Deon T. Clay, No. 5:25-cv-05130 (W.D. Ark. June 18, 2026).
    See TIncher, 816 F. Supp. 3d at 968 (citing Fields v. City of Philadelphia, 862 F.3d 352 (3d Cir. 2017); Turner v. Lieutenant Driver, 848 F.3d 678, 689 (5th Cir. 2017); Gericke v. Begin, 753 F.3d 1 , 7-8 (1st Cir. 2014); ACLU of Ill. v. Al…
  • Lana Patrick v. Pasco Cnty. Florida Tax Collector, No. 25-14234 (11th Cir. June 16, 2026).unpublished
    “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • Andrew Sheets v. Kelvin Jimenez, No. 25-12844 (11th Cir. May 29, 2026).unpublished
    Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000).
  • Donald Nicodemus v. City of South Bend, 137 F.4th 654 (7th Cir. 2025).published 2 cites
    Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011); Fields v. City of Philadelphia, 862 F.3d 353 , 359-60 (3d Cir. 2017); Turner v. Lieutenant Driver, 848 F.3d 678, 690 (5th Cir. 2017); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir.…
  • Hoffman v. Domico, No. 1:23-cv-00060 (N.D. Fla. May 16, 2025).
    “gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • Molina v. St. Louis, 766 F. Supp. 3d 857 (E.D. Mo. 2025).published
    Id. (citing Glik v. Cunnife, 655 F.3d 78, 81 (1st Cir. 2011); Fields v. City of Philadelphia, 862 F.3d 353, 359 (3d Cir. 2017); ACLU of Ill. v. Alvarez, 679 F.3d 583, 597 (7th Cir. 2012); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th C…
  • Proj. Veritas v. Michael Schmidt, 125 F.4th 929 (9th Cir. 2025).published 2 cites
    (concluding that the First Amendment protects the right to visually “record matters of public interest)
  • Patrick v. McGuire, No. 8:24-cv-00999, 2024 WL 4803217 (M.D. Fla. Nov. 15, 2024).
    (stating the “First Amendment protects the right to gather information about what public officials do on public property” and that this protection is subject to reasonable time, place, and manner restrictions)
  • Ussery v. Houston Cnty. Georgia, No. 5:24-cv-00116 (M.D. Ga. Oct. 4, 2024). 2 cites
    “right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct”
  • Molina v. Michigan, State of, No. 1:24-cv-00899 (W.D. Mich. Sept. 17, 2024).
    After noting that an individual has a First Amendment right “to gather information about what public officials do on public property, and specifically, a right to record matters of public interest,” id. at 1121 (quoting Smith v. City of Cu…
  • Ghandour v. City of Miami Dade, 710 F. Supp. 3d 1188 (S.D. Fla. 2024).published
    The Court notes there is a broad principle in this Circuit that citizens have a First Amendment right to photograph or record police, see Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000); but Plaintiff does not cite Smith, di…
  • Reyes v. City of New York, No. 1:23-cv-06369 (S.D.N.Y. Nov. 2, 2023).
    See Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011); Fields v. City of Phila., 862 F.3d 353, 359 (3d Cir. 2017); Sharpe v. Winterville Police Dep’t, 59 F.4th 674, 681 (4th Cir. 2023); Turner v. Lieutenant Driver, 848 F.3d 678, 690 (5th C…
  • In re S.J., 2023-Ohio-3441, 225 N.E.3d 368.published
    See Irizarry v. Yehia, 38 F.4th 1282, 1290-1292 (10th Cir.2022); 9 OHIO FIRST DISTRICT COURT OF APPEALS Turner v. Driver, 848 F.3d 678, 689-690 (5th Cir.2017); Fields, 862 F.3d at 353 ; ACLU of Illinois v. Alvarez, 679 F.3d 583, 596 (7th C…
  • Proj. Veritas v. Michael Schmidt, 72 F.4th 1043 (9th Cir. 2023).published 2 cites
    (holding that “[t]he First Amendment protects the . . . right to record matters of public interest)
  • Clayton Hulbert v. Brian Pope, 70 F. 4th 726 (4th Cir. 2023).published
    In fact, the circuits that recognized a right to film 16 USCA4 Appeal: 21-1608 Doc: 66 Filed: 06/14/2023 Pg: 17 of 22 explicitly noted that it “may be subject to reasonable time, place, and manner restrictions.” Turner v. Lieutenant Driver…
  • Pitta v. Medeiros, No. 1:22-cv-11641, 2023 WL 3572391 (D. Mass. May 19, 2023).
    “specifically, a right to record matters of public interest”
  • Coleman v. City of South Fulton, No. 1:22-cv-00814 (N.D. Ga. May 10, 2023).
    “a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct”
  • Freeman v. Spoljaric, 667 F. Supp. 3d 636 (S.D. Ohio 2023).published
    Glik v. Cunniffe, 655 F.3d 78 , 82-83 (1st Cir. 2011); Fields v. City of Philadelphia, 862 F.3d 353, 359 (3d Cir. 2017); Turner v. Lieutenant Driver, 848 F.3d 678, 690 (5th Cir. 2017); ACLU v. Alvarez, 679 F.3d 583 , 595-602 (7th Cir. 2012…
  • Metz v. Valenza (MAG+), No. 1:22-cv-00303 (M.D. Ala. Mar. 24, 2023).
    “to gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • PETA v. Josh Stein, No. 20-1807 (4th Cir. Feb. 23, 2023).published
    Watersheds Project v. Michael, 869 F.3d 1189 , 1195-1196 (10th Cir. 2017); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000).
  • PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023).published
    Watersheds Project v. Michael, 869 F.3d 1189 , 1195-1196 (10th Cir. 2017); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000).
  • PETA v. Josh Stein, No. 20-1777 (4th Cir. Feb. 23, 2023).published
    Watersheds Project v. Michael, 869 F.3d 1189 , 1195-1196 (10th Cir. 2017); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000).
  • Metz v. Valenza (MAG+), No. 1:22-cv-00303 (M.D. Ala. Feb. 22, 2023).
    “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • Wilson v. Blackford, No. 2:21-cv-00852 (N.D. Ala. Feb. 10, 2023).
    “[t]he First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest”
  • Williams v. City of Athens, No. 5:21-cv-00510 (N.D. Ala. Jan. 11, 2023). 2 cites
    Instead, he cites to Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000) for the broad proposition that citizens have a First Amendment right “to photograph or videotape police conduct” in the Eleventh Circuit (Doc. 70 at 17, 23…
  • Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022).published
    See Project Veritas Action Fund v. Rollins, 982 F.3d 813, 832 (1st Cir. 2020); Fields v. City of Phila., 862 F.3d 353, 355-56 (3d Cir. 2017); Turner v. Driver, 848 F.3d 678, 687-88 (5th Cir. 2017); Gericke v. Begin, 753 F.3d 1, 7-8 (1st Ci…
  • Benny v. City of Long Beach, No. 2:20-cv-01908 (E.D.N.Y. July 27, 2022).
    This Court notes, however, that the right to videotape is “not without limitations” and “may be subject to reasonable time, place, and manner restrictions.” Glik v. Cunniffe, 655 F.3d 78, 84 (1st Cir. 2011) (citing Smith v. City of Cumming…
  • Gibson v. Goldston, No. 5:21-cv-00181, 2022 WL 2719725 (S.D. W. Va. July 13, 2022).
    (recognizing plaintiffs had a First Amendment “right to videotape police activities)
  • Hassan v. City of Atlanta, No. 1:21-cv-04629 (N.D. Ga. June 1, 2022).
    (holding that “[t]he First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest)
  • Jacob Clark v. Bernadette Stone, 998 F.3d 287 (6th Cir. 2021).published
    (permitting the filming of police conduct subject to reasonable time place and manner restrictions)
  • Hulbert v. Pope, 535 F. Supp. 3d 431 (D. Md. 2021).published
    (recognizing plaintiffs had a First Amendment “right to videotape police activities)
  • Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010).published
  • Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011).published
  • Am. Civil Liberties Union of Ill. v. Alvarez, 679 F.3d 583 (7th Cir. 2012).published
  • Gustavo A. Abella v. Officer Hector Valls, 482 F. App'x 522 (11th Cir. 2012).unpublished
  • United States v. Wells, 789 F. Supp. 2d 1270 (N.D. Okla. 2011).published
  • Robinson v. Fetterman, 378 F. Supp. 2d 534 (E.D. Pa. 2005).published
  • Showalter v. Brubaker, 493 F. Supp. 2d 752 (E.D. Pa. 2007).published
  • Demarest v. Athol/Orange Cmty. Television, Inc., 188 F. Supp. 2d 82 (D. Mass. 2002).published
  • Thompson, Ex Parte Ronald, 442 S.W.3d 325 (Tex. Crim. App. 2014).published
  • Abella v. Simon ex rel. Miami Lakes Councilwoman, 522 F. App'x 872 (11th Cir. 2013).unpublished
  • Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015).published
  • Phillip Turner v. Driver, 848 F.3d 678 (5th Cir. 2017).published
  • Phillip Turner v. Driver, No. 16-10312 (5th Cir. Feb. 27, 2017).published
  • State v. Russo., 407 P.3d 137 (Haw. 2017).published
  • Sandvig v. Sessions, No. 2016-1368 (D.D.C. Mar. 30, 2018).published
  • Kiersten Quick v. State Trooper Joseph Geddie, No. 18-13807 (11th Cir. Apr. 11, 2019).unpublished
  • Tom Johnson v. Patrick McCarver, 942 F.3d 405 (8th Cir. 2019).published
  • Corey Toole v. Officer Zorn, No. 19-11729 (11th Cir. Dec. 26, 2019).unpublished
  • Kevin Chestnut v. Officer Dawain Wallace, 947 F.3d 1085 (8th Cir. 2020).published
  • Index Newspapers LLC v. United States Marshals Serv., 977 F.3d 817 (9th Cir. 2020).published
  • Proj. Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020).published
  • Susan Khoury v. Miami-Dade Cnty. Sch. Bd., 4 F.4th 1118 (11th Cir. 2021).published
  • Mocek v. City of Albuquerque, 3 F. Supp. 3d 1002 (D.N.M. 2014).published
  • Pollack v. Reg'l Sch. Unit 75, 12 F. Supp. 3d 173 (D. Me. 2014).published
  • Tisdale v. Gravitt, 51 F. Supp. 3d 1378 (N.D. Ga. 2014).published
  • Garcia v. Montgomery Cnty., 145 F. Supp. 3d 492 (D. Md. 2015).published
  • Fields v. City of Philadelphia, 166 F. Supp. 3d 528 (E.D. Pa. 2016).published
  • Hoyland v. McMenomy, 185 F. Supp. 3d 1111 (D. Minn. 2016).published
  • Martin v. Evans, 241 F. Supp. 3d 276 (D. Mass. 2017).published
  • Proj. Veritas Action Fund v. Conley, 244 F. Supp. 3d 256 (D. Mass. 2017).published
  • Animal Legal Def. Fund v. Herbert, 263 F. Supp. 3d 1193 (D. Utah 2017).published
  • Johnson v. Dekalb Cnty., 391 F. Supp. 3d 1224 (N.D. Ga. 2019).published
  • Ramos v. Flowers, 56 A.3d 869 (N.J. Super. Ct. App. Div. 2012).published
  • Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011).published
  • Fleck v. Trs. of the Univ. of Pennsylvania, 995 F. Supp. 2d 390 (E.D. Pa. 2014).published
  • Ickes v. Borough of Bedford, 271 F.R.D. 458 (W.D. Pa. 2010).published
  • Robinson v. City of Huntsville, No. 5:21-cv-00704 (N.D. Ala. Nov. 1, 2021).
  • Sheets v. City of Punta Gorda, 415 F. Supp. 3d 1115 (M.D. Fla. 2019).published
  • Bellay v. Shue, No. 8:19-cv-00206 (M.D. Fla. Sept. 3, 2020).
  • Dunn v. City of Fort Valley, 464 F. Supp. 3d 1347 (M.D. Ga. 2020).published
  • Coalition for Good Governance v. Raffensperger, No. 1:21-cv-02070 (N.D. Ga. Aug. 20, 2021).
  • Clark v. Stone, 475 F. Supp. 3d 656 (W.D. Ky. 2020).published
  • Craft v. Billingslea, 459 F. Supp. 3d 890 (E.D. Mich. 2020).published
  • Nicholas Somberg v. Karen McDonald, 117 F.4th 375 (6th Cir. 2024).published
  • Dyer v. Smith, No. 3:19-cv-00921, 2021 WL 694811 (E.D. Va. Feb. 23, 2021).
  • Whitworth v. Franklin Cnty. Det. Ctr., No. 3:25-cv-00106 (M.D. Ga. July 15, 2025).
  • Berry, No. 2:25-cv-00299 (M.D. Fla. Dec. 3, 2025).
  • E-Yage Bowens v. Superintendant of Miami South Beach Police Dep't, 557 F. App'x 857 (11th Cir. 2014).unpublished
  • Larsen v. Fort Wayne Police Dep't, 825 F. Supp. 2d 965 (N.D. Ind. 2010).published
  • King v. City of Indianapolis, 969 F. Supp. 2d 1085 (S.D. Ind. 2013).published
  • Metz v. Matos, No. 2:19-cv-00424 (M.D. Fla. Dec. 10, 2019).
  • Jerry Hoffman, Jr. v. Jose Dalgado, No. 23-13213 (11th Cir. Jan. 3, 2025).unpublished
  • Eric Watkins v. Fort Lauderdale Police Officer, No. 24-11030, 2025 WL 902117 (11th Cir. Mar. 25, 2025).unpublished
  • Steven Dewitt v. Ceressa Haney, No. 23-11203 (11th Cir. May 12, 2025).unpublished
  • Martin, No. 1:25-cv-00344 (M.D.N.C. May 12, 2026).
  • Reyes v. City of New York, 282 N.E.3d 213 (N.Y. 2026).published
  • Sheets, No. 2:25-cv-01000 (M.D. Fla. June 3, 2026).
At page 1332 Alleging police harassment and First Amendment rights7 citing casesvideotaping1 citing court put it this way
  • James P. Crocker v. Deputy Sheriff Steven Eric Beatty, 995 F.3d 1232 (11th Cir. 2021).published 6 cites
    See Smith, 212 F.3d at 1333 (“The First Amendment protects the right to gather information about what public officials do on public property[.]”). 54 USCA11 Case: 18-14682 Date Filed: 04/20/2021 Page: 55 of 67 Beatty seized his phone, Mr.…
  • Sharpe v. Winterville Police Dep't, 480 F. Supp. 3d 689 (E.D.N.C. 2020).published 2 cites
    (videotaping)
  • Metz v. State, 915 S.E.2d 613 (Ga. 2025).published 2 cites
    Here, the proposed charge cited to Smith for the proposition that “[t]he First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public inte…
  • Williams v. City of Athens, No. 5:21-cv-00510 (N.D. Ala. Jan. 11, 2023). 2 cites
    Instead, he cites to Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000) for the broad proposition that citizens have a First Amendment right “to photograph or videotape police conduct” in the Eleventh Circuit (Doc. 70 at 17, 23…
  • Sharpe v. Winterville Police Dep't, No. 4:19-cv-00157 (E.D.N.C. July 9, 2021).
    (videotaping)
  • Tichinin v. City of Morgan Hill, 177 Cal. App. 4th 1049 (Cal. Ct. App. 2009).published
  • Benzing v. Treadway, No. 3:17-cv-00619 (W.D.N.C. June 23, 2020).
Retrieving the full opinion text from the archive…
James Soloman SMITH, Jr., Barbara Smith, Plaintiffs-Appellants,
v.
CITY OF CUMMING, a Municipal Corporation, Earl A. Singletary, Et Al., Defendants-Appellees
99-8199.
Court of Appeals for the Eleventh Circuit.
May 31, 2000.
Published opinion
212 F.3d 1332
2000 U.S. App. LEXIS 11970
2000 WL 702418
Clifford Harold Hardwick, Hardwick & Associates, Roswell, GA, for Plaintiffs-Appellants., Kimberly Houston Ridley, Debra E. Le-Vorse, Freeman & Hawkins, Thomas G. Tidwell, Hawkins & Parnell, Atlanta, GA, for Defendants-Appellees.
Birch, Barkett, Alarcon.
Cited by 115 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: E.D. North Carolina (1)
BARKETT, Circuit Judge:

James and Barbara Smith filed suit against the City of Cumming, Georgia (the “City”), and its police chief, Earl Single-tary, pursuant to 42 U.S.C. § 1983, alleging that the City police had harassed the Smiths, including a claim that Mr. Smith had been prevented from videotaping police actions in violation of Smith’s First Amendment rights. They appeal from summary judgment granted to the City and Singletary and from the denial of the Smiths’ motion to amend their complaint so as to name another City police chief, Ralph “Buck” Jones, [1] as a defendant in the[*1333] place of a defendant originally identified as “John Doe.” We affirm.

As to the First Amendment claim under Section 1983, we agree with the Smiths that they had a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct. The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest. See Blackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994) (finding that plaintiffs’ interest in filming public meetings is protected by the First Amendment); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir.1995) (recognizing a “First Amendment right to film matters of public interest”); Iacobucci v. Boulter, No. CIV.A. 94-10531, 1997 WL 258494 (D.Mass, Mar. 26, 1997) (unpublished opinion) (finding that an independent reporter has a protected right under the First Amendment and state law to videotape public meetings); see also United States v. Hastings, 695 F.2d 1278, 1281 (11th Cir.1983) (finding that the press generally has no right to information superior to that of the general public) (citing Nixon v. Warner Communications, Inc., 435 U.S. 589, 609, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978)); Lambert v. Polk County, 723 F.Supp. 128, 133 (S.D.Iowa 1989) (“[I]t is not just news organizations ... who have First Amendment rights to make and display videotapes of events.... ”); Thompson v. City of Clio, 765 F.Supp. 1066, 1070-71 (M.D.Ala.1991) (finding that city council’s ban on member’s attempt to record proceedings regulated conduct protected by the First Amendment); cf. Williamson v. Mills, 65 F.3d 155 (11th Cir.1995) (reversing district court’s grant of qualified immunity to a law enforcement officer who seized the film of and arrested a participant in a demonstration for photographing undercover officers). Thus, the district court erred in concluding that there was no First Amendment right.

Nonetheless, under Section 1983, the Smiths must prove that the conduct complained of deprived them of “a right, privilege or immunity secured by the constitution or laws of the United States.” Nail v. Community Action Agency of Calhoun County, 805 F.2d 1500, 1501 (11th Cir.1986). Although the Smiths have a right to videotape- police activities, they have not shown that the Defendants’ actions violated that right. We find no merit in the remaining arguments presented in this appeal. AFFIRMED.

1

. Jones and Singletary served together for several months as co-chiefs of police. Later, Singletary was chosen as chief, and when he left Cumming, Jones succeeded him as chief.