Right to Record Act of 2026

Key Points

• The bill creates a clear legal right for anyone to film, watch, or peacefully protest federal law enforcement officers working in public view. It covers all federal agencies authorized to enforce criminal or immigration law.
• If a federal officer violates this right, the injured person can sue the officer AND the United States government. Victims can win at least $25,000 per violation, plus up to $100,000 in punitive damages for malicious or reckless conduct.
• The bill specifically waives sovereign immunity, meaning the federal government cannot dodge lawsuits by claiming special legal protections. It also ensures officer immunity does not shield the government from liability.
• The bill lists specific violations, including seizing phones, threatening people, using surveillance to identify and retaliate against someone who recorded police, or adding their biometric data to databases.
• The right does not apply if someone physically restrains an officer, but simply standing nearby to film, even close to or in front of an officer, remains fully protected.
• Federal law enforcement agencies must provide annual training to all officers on respecting the public's right to record, starting within one year of enactment.