Right to Record Act of 2026

Key Points

• The bill creates an explicit legal right for anyone to record, observe, or peacefully protest federal law enforcement officers acting in public. This covers any location where a person is lawfully present, including sidewalks, parks, roads, and private property where they have permission to be.
• If a federal officer violates these rights, the injured person can sue both the officer and the U.S. government. The bill guarantees a minimum of $25,000 per violation and allows up to $100,000 in punitive damages when the officer acted with malice or reckless disregard.
• The bill waives sovereign immunity for the federal government, meaning the U.S. itself is on the hook for officer misconduct regardless of whether the agency had a policy that caused the violation or whether the officer has any personal immunity.
• The bill lists ten specific prohibited actions, including seizing or destroying recordings, using surveillance to identify and retaliate against someone who filmed police, demanding ID from a person who was recording, and arresting someone simply for documenting law enforcement activity.
• There is a narrow exception if a person physically restrains or restricts an officer, but the bill makes clear that simply standing near an officer or positioning oneself to record does not count as interference.
• Every federal law enforcement agency must provide annual training to all officers on how to respect the right to record, observe, or peacefully protest, starting within one year of enactment.