The organization is representing two men, activists who say, in certain situations, they are too fearful to openly record police officers performing their official duties. They're not seeking money, but rather want the courts to create an exemption to the wiretap statute for those recording law enforcement officers.

"There are now times when they don't feel safe openly recording police officers," ACLU staff attorney Jessie Rossman said. "They would like to secretly record but they fear prosecution or arrest … It's critically chilling the First Amendment rights of our clients."

Named in the lawsuit are Boston Police Commissioner William Evans and Suffolk County District Attorney Dan Conley, who, through a spokesman, firmly pushed back against the idea of creating a loophole for recording police officers.