Can I Record the Police in Public?

Generally, YES. Federal appeals courts have recognized a First Amendment right to record police performing their duties in public — as long as you don't physically interfere.

Generally, yes — you have a First Amendment right to record police doing their jobs in public, and it belongs to everyone, not just reporters. The main limit is that you cannot physically interfere. Below is what the law says, an everyday example, the landmark case that established the right, and exactly what you can say if an officer tells you to stop.

What the Law Says

“Congress shall make no law … abridging the freedom of speech, or of the press.” — First Amendment, U.S. Constitution

Multiple federal appeals courts have read this to protect openly recording police performing their duties in public, subject to reasonable “time, place, and manner” limits — meaning you cannot obstruct officers or get in the middle of an arrest.

An Everyday Example

You see police making a stop on a public sidewalk and you start filming from a few feet back. An officer tells you to stop. You can calmly say, “I’m exercising my First Amendment right to record in public, and I’m not interfering.” Keeping a reasonable distance and recording openly is the most clearly protected approach.

A Real Case: Glik v. Cunniffe (2011)

Simon Glik used his phone to film Boston police arresting a man in a public park. The officers arrested him under a wiretapping law. A federal appeals court ruled that Glik had a First Amendment right to openly record police in a public place — and that the right was already “clearly established.” His openly-held camera meant the recording wasn’t secret, so there was no basis to arrest him.

What This Means for You

In public, the default is on your side: you can record police doing their duties, as long as you don’t interfere. Some details — like audio-recording rules — vary by state, which is the kind of specific question the app is built to answer.

Read the Official Law

The actual text, straight from the official government source:

Go Deeper Into the Law

Read the full text and a clear breakdown of the law behind this answer:

Sources

  • First Amendment, U.S. Constitution — Protects freedom of speech and of the press.
  • Glik v. Cunniffe (1st Cir. 2011) — Held citizens have a First Amendment right to openly record police in public.
  • Multiple federal Circuit Courts — The 1st, 3rd, 5th, 7th, 9th, and 11th Circuits have recognized this right.

Confused by the legal wording? The CivicShield app explains the law in everyday language for your exact situation.

Get AI-Powered Answers →