Just saw this law review article posted. A Due Process Right to Record the Police, Glenn Harlan Reynolds. Washington University Law Review, Vol. 89, No. XXX, 2012 . http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2043907 III. CONCLUSION In an age of ubiquitous recording, citizens have already learned to expect that virtually anything they do outside of their home may be recorded by someone. Yet those recordings are usually controlled by others who have no obligation to retain them in order to protect citizens’ rights. Under these circumstances, a due process right of citizens to record their encounters with law enforcement (and, perhaps, other government officials) serves to level the playing field and to protect important liberty interests that may not always be fully protected by the First Amendment. At the same time, this due process right imposes no significant burdens on government officials or on the public fisc. This being the case, there seems no reason why courts should not find a due process right to record the police, and many reasons why such a right should exist.