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Thursday, Jul. 30, 2020

Is it legal to film a police officer without permission?

Allegra Taylor, Gigafact
yes

Courts in the U.S. generally agree that the First Amendment protects an individual’s right to record police officers in public while they’re performing their duties.

This right doesn’t extend to circumstances where the act of recording interferes with the officer’s ability to make an arrest or investigate a crime, or if the individual recording is committing a crime such as stalking.

The right to record an officer is also restricted by certain state laws that prohibit recording audio of someone without their knowledge. These wiretap laws vary by state, however they usually don’t apply to police encounters in public spaces or in cases where the recording device is clearly visible.

This fact brief is responsive to conversations such as this one.

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