It's an issue (still, even after this ruling) because different courts have held different things. Eventually we're going to see a SCOTUS ruling, and hopefully it goes the same way.
Have you read this ruling? No, different courts haven't held different things. They all held the same way, but not in a precedent setting fashion. This ruling sets precedent. The ruling basically puts the police -- all the police, everywhere in the country -- on notice about harassing people photographing them.
"We have not found, and the experienced counsel have not cited, any case in the Supreme Court or this Circuit finding citizens have a First Amendment right to record police conduct without any stated purpose of being critical of the government. Absent any authority from the Supreme Court or our Court of Appeals, we decline to create a new First Amendment right for citizens to photograph officers when they have no expressive purpose such as challenging police actions."