Councilman Prevails in Challenge to Unconstitutional Video Recording Ban

Settlement Restores Councilman’s First Amendment Right to Record and Publish Public Meetings

WASHINGTON, DC – In a decisive First Amendment victory for Councilman Matthew Tortorice, the City of Margaret, Alabama, has agreed to a legal settlement that fully vindicates his right to record and publish video footage of city council meetings for the benefit of the public. The City will also pay him $1 in damages and $40,000 in legal fees.

This settlement resolves a lawsuit filed by the Center for Individual Rights (CIR) on behalf of Councilman Tortorice, after city officials passed an ordinance almost a year ago banning recordings of public meetings. A few months later, they restricted recordings to a designated area near a noisy air– conditioning unit. Both were attempts to thwart Tortorice’s efforts to increase government transparency. The suit alleged—and the settlement now confirms—that these efforts were unconstitutional attempts to shield local government from public scrutiny.

The settlement and binding agreed order includes a formal recognition by the City of Margaret that the “First Amendment protects the right of the public, including Mr. Tortorice, to attend public sessions of the meetings of the City Council and to make audio and video recordings of the same.” It requires city officials, including the mayor, to take proactive steps to ensure that the public, Councilman Tortorice, and members of the press can freely record videos without obstruction.

“I’m grateful for this outcome, not just for myself but for everyone in Margaret who deserves a transparent and accountable government,” said Tortorice. “This case was never about politics—it was about protecting the rights of everyday people to see how their city is being run. I stood up for those rights because I believe we all have a duty to defend the Constitution, even when it’s uncomfortable or unpopular. I’ll always do what’s right, even when it is inconvenient.”

“Local government is a key aspect of people’s daily lives,” said CIR lead attorney Robert Renner. “If we want to make our local governments responsive and accountable, we must protect the rights of those who are trying to make them transparent. This settlement represents a victory not just for Mr. Tortorice but for every resident of Margaret and anyone who values open government.”

CIR partnered with Birmingham, Alabama attorney Ray Fitzpatrick in the litigation.

For more information on the case and to read the original, detailed complaint against the city, visit the Tortorice Case Page.

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About the Center for Individual Rights:
The Center for Individual Rights is a national public interest legal organization that provides free representation to clients whose rights have been violated or are seriously threatened. With more than 35 years of experience, CIR has an impressive record of landmark victories in the Supreme Court of the United States and many other courts, setting legal precedents that strengthen and restore individual rights essential for a free and flourishing society.