US DOJ weighs in favor of right to record police (politico.com)

This nails it: “The United States is concerned that discretionary charges, such as disorderly conduct, loitering, disturbing the peace and resisting arrest, are all too easily used to curtail expressive conduct or retaliate against individuals for exercising their First Amendment rights. … Core First Amendment conduct, such as recording a police officer performing duties on a public street, cannot be the sole basis for such charges,”