Caught on Lens: the Viral Spitting Incident Sparking Outrage Across Social Media

From key trends to fundamental details, understand everything about Caught on Lens: the Viral Spitting Incident Sparking Outrage Across Social Media in our latest feature.

Is spitting on someone's phone or camera legally considered an assault?

Yes. Under prevailing assault and battery statutes across the United States, battery includes unlawful physical contact with objects intimately held by or attached to a person. Because the phone is held in the victim's hand, courts treat striking it with bodily fluids as direct, non-consensual contact with the victim's person.

Can an individual be sued for filming someone in a public space without permission?

Generally, no. Individuals have no reasonable expectation of privacy in public spaces like sidewalks, public parks, and transit plazas. Filming an altercation in public is protected under the First Amendment, meaning the person recording cannot be successfully sued for invasion of privacy simply for documenting the confrontation.

What should you do immediately if someone spits at your camera during a confrontation?

Do not physically retaliate. Step back immediately to a safe distance and preserve the unedited recording file on your device. Call local law enforcement to file a formal police report for battery, and request that responding officers document the presence of saliva on the lens and your clothing before cleaning it off.