Your Right to Record Police
The First Amendment protects your right to record police officers and government officials performing their duties in public. Courts across America have affirmed this right.
"The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest."
— Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011)The Right to Record is Clearly Established
Federal courts have consistently ruled that recording police in public is a constitutionally protected activity under the First Amendment.
This right stems from the freedom of the press—which applies to all citizens, not just professional journalists. In the age of smartphones, every citizen is a potential journalist with the power to document government activity and hold officials accountable.
When police officers are performing their duties in public spaces, they have no reasonable expectation of privacy. The public has a right to observe and document their conduct.
Key Point
You do not need to be a professional journalist to exercise press freedoms. The First Amendment protects "citizen journalists" equally.
What the Courts Have Said
Federal appeals courts across the country have recognized the right to record police.
Glik v. Cunniffe
Simon Glik was arrested for recording police making an arrest in Boston Common. The court ruled that the First Amendment protects the right to record police performing their duties in public, and that this right was "clearly established."
"Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest."
Turner v. Driver
Phillip Turner was detained for filming a police station from a public sidewalk. The Fifth Circuit explicitly recognized "a First Amendment right to record the police" and held that this right was clearly established.
"Filming the police contributes to the public's ability to hold the police accountable and ensure that police officers are not combatively abusing their power."
Fields v. City of Philadelphia
The court ruled that "photographing, filming, or otherwise recording police officers conducting official police activity in public" is protected by the First Amendment.
"The act of recording is itself an expression of support or criticism of the police."
ACLU v. Alvarez
The ACLU challenged an Illinois eavesdropping law that criminalized recording police. The court struck it down, finding it violated the First Amendment when applied to recording police in public.
"Audio and audiovisual recording are media of expression entitled to First Amendment protection."
Your Rights When Recording
Understanding what you can and cannot do helps protect both you and your footage.
You CAN:
- Record police from any public place (sidewalks, parks, public buildings)
- Record police activity that is visible from a public place
- Continue recording even if police tell you to stop (in most situations)
- Record your own interactions with police
- Record police traffic stops from a safe distance
- Record inside public buildings that are open to the public
- Livestream your recording
- Refuse to delete your footage
- Refuse to show police your footage without a warrant
You CANNOT:
- Physically interfere with police activity
- Stand so close that you obstruct police operations
- Trespass on private property to record
- Enter areas closed to the public (active crime scenes, secured areas)
- Record in areas with legitimate privacy expectations (inside homes without consent)
- Disobey legitimate, lawful orders unrelated to your recording
Best Practices for Recording
These tips can help protect you and your footage.
Use Cloud Backup
Use apps like ACLU Mobile Justice, Facebook Live, or cloud backup to ensure your footage is saved even if your phone is confiscated.
Keep Your Distance
Stay at a reasonable distance where you won't be accused of interfering. Use zoom if needed. Your safety is more important than a close-up shot.
Narrate When Safe
If safe, quietly narrate the date, time, location, and what you're observing. This adds context to your footage.
Stay Calm & Polite
Remain calm and polite, even if officers are hostile. Your demeanor on camera matters if the footage is ever used in court.
If Your Right to Record Is Violated
If police unlawfully stop you from recording, detain you, arrest you, or seize your equipment, you may have a Section 1983 claim.
Document Everything
Write down officer names, badge numbers, what was said, and what happened.
Preserve Evidence
Back up any footage you managed to keep. Save everything.
Request Records
Request body camera footage and police reports immediately.
Many citizens have successfully sued and won significant settlements when their right to record was violated. In 2020, a Texas man received a $200,000 settlement after being arrested for filming police. These cases help establish precedents that protect everyone.
— Based on documented Section 1983 settlementsWas Your Right to Record Violated?
If you were stopped, detained, arrested, or had your equipment seized for legally recording in public, you may have a strong Section 1983 civil rights case.
Document Your Case