Road Space Media LLC v. Birmingham, Alabama, City of et al

On March 23, 2023, Road Space Media LLC, which operates the “Photography is Not a Crime” website, and journalists Carlos Miller, Kaitlin McCafferty, and Christopher Montgomery filed a federal lawsuit against the City of Birmingham, Alabama, and Police Chief Scott Thurmond. The plaintiffs challenged a city ordinance that made it a criminal offense to record or photograph police officers within twenty feet without their consent. They argued the law violated the First Amendment’s guarantees of free speech, press freedom, and the well-established right to record public officials performing their duties. The United States District Court for the Northern District of Alabama quickly granted a temporary restraining order and later a preliminary injunction, finding the ordinance likely unconstitutional. Facing the injunction, the Birmingham City Council voted to repeal the ordinance, and the city settled the case by paying attorney fees.

The court issued a preliminary injunction blocking enforcement of the ordinance. Subsequently, in February 2024, the Birmingham City Council voted to repeal the ordinance entirely, and the city agreed to pay $350,000 in attorney fees as part of a settlement, resolving the litigation.

Whether Birmingham's ordinance criminalizing the non-consensual recording of police officers within a 20-foot buffer zone violates the First Amendment rights of free speech, press, and the right to record public officials in public.

The case reinforced the constitutional right to record police activity and demonstrated judicial skepticism toward buffer zone laws aimed at journalists and observers. It drew national attention to legislative attempts to restrict filming of law enforcement, contributed to a growing body of precedent protecting citizen monitors, and encouraged similar successful challenges to restrictive recording laws in other jurisdictions.