EFF Releases Updated Guide on Recording Police Rights
EFF published an updated handout clarifying citizens' rights to record police.
Why it matters: Legal professionals and activists can use this practical resource to navigate and educate about recording and privacy laws during law enforcement encounters.
- EFF updated its guide on July 31, 2026, outlining citizen rights to record police.
- The guide is available as a one-page printable handout in English and Spanish.
- Nine federal appellate courts affirm the First Amendment right to record police in public.
- Recording is protected but must not obstruct or interfere with law enforcement activities.
The Electronic Frontier Foundation (EFF) published an updated guide on July 31, 2026, which clarifies citizens' rights to record law enforcement officers performing their duties in public spaces. The guide is designed as a concise, one-page printable handout available in both English and Spanish, making it accessible to a broad audience.
The right to record police is protected under the First Amendment, a fact recognized by nine federal appellate courts. This protection extends to local police, as well as federal officers such as those from Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The EFF emphasizes that all Americans have this constitutional right to document law enforcement activities without fear of retaliation or obstruction.
In states with all-party consent wiretap laws, the guide clarifies that audio recording an officer's interaction with another person is legal in public spaces because these interactions lack a reasonable expectation of privacy. However, the guide also stresses that while recording is a protected right, individuals must ensure they do not obstruct or interfere with police activities.
This updated guide serves as a critical resource for legal professionals, civil rights activists, and the public to better understand and assert their rights surrounding recording law enforcement—an increasingly vital tool for accountability and transparency in policing.
By the numbers:
- 9 federal appellate courts affirm the right to record police — reinforcing First Amendment protections
- 2 languages — guide available in English and Spanish
- 1 page — the guide is a concise, printable handout