Tell that to Anthony Graber, a biker who recorded an off-duty cop w/ his helmet cam. The idiot cop pulled out his handgun to arrest Mr. Graber before identifying himself as a police officer and then charged him for recording him w/o his consent....all of which took place on a public highway.
This is right out of the docket for that case (12K10000647):
For the reasons stated by the court in the opinion of even date herewith, it is ordered this 27th day of September, 2010, as follows: 1. Defendant's Motion to dismiss Counts One, Two, Three and Seven of the indictment is granted; 2. Defendant's Motion to suppress evidence and Motion to compel particulars are denied as Moot.
Here is the full opinion.
http://www.aclu-md.org/aPress/Press2010/Court_Opinion_092710.pdf
He plead guilty to the reckless driving charge that stemmed from him engaging in a pursuit with a state police vehicle, the speeding and negligent driving charges were dropped as part of the deal.
Yes, it cost him money to get out of that prosecution, but given that this got settled at a prelimnary hearing, I would say that burden was not excessive.
Occasionally cops still try to charge citizens who record them, by now the district court commissioners dont even consider the charges and the arrestees get cut loose right away.