Recording Law Enforcement: First Amendment Right or Arrestable Offense?

By Gene Policinski
Courts have recognized that First Amendment rights generally protect people when recording law enforcement who are on duty and in a public area — in photos, video or audio. But there are limits on when, where and how.

Is it legal to record law enforcement?

Are there times law enforcement cannot be recorded?

What do the courts say about recording 
law enforcement?

Gene Policinski is a senior fellow for the First Amendment at Freedom Forum. He can be reached at gpolicinski@freedomforum.org

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