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119-hr-9189119th Congress

Right to Record Act of 2026

Sponsored By: Representative Frost, Maxwell [D-FL-10]

Introduced

Summary

Would create a federal civil remedy to record, observe, and peacefully protest law enforcement in public. It would let people sue federal officers and the United States for listed violations and would require annual officer training.

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  • People who record or protest: could sue a federal law enforcement officer for actual damages or statutory damages of $25,000 per violation and seek punitive damages up to $100,000 per violation if the violation involved malice or reckless disregard. Prevailing plaintiffs may recover attorney's fees and costs.
  • United States and federal agencies: the bill would waive sovereign immunity for claims under the law so the U.S. can be sued and held to the same damages limits regardless of agency policy or immunity defenses.
  • Officers and agencies: each federal law enforcement agency head would have to train every officer within 1 year and annually after that on enforcing the law while respecting the right to record, observe, and peacefully protest. The bill lists prohibited conduct such as preventing recording, threatening or coercing recorders, pursuing people to retaliate, unlawfully seizing or destroying recording devices, demanding ID to stop recording, and stopping or arresting people for recording.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Money damages for recording rights

If enacted, this bill would let you sue a federal officer or the United States if they violate your right to record, observe, or peacefully protest federal law enforcement activities. You would be able to recover the greater of your actual damages or $25,000 for each violation. A court could award punitive damages up to $100,000 per violation when the violation was done with malice or reckless disregard. A prevailing plaintiff would be awarded reasonable attorney's fees and costs. The bill would waive the United States' sovereign immunity for claims under this Act.

Right to record federal officers

If enacted, this bill would recognize a right to record, observe, or peacefully protest federal law enforcement activities in public view. It would list many acts that would count as violations when done to stop or retaliate against recorders — for example, preventing recording, threatening or coercing a recorder, pursuing or surveilling someone to retaliate, ordering a person to stop when no law forbids recording, stopping or arresting someone for recording, and unlawfully seizing or destroying recordings. The bill would say the right does not apply if a person physically restrains an officer performing official duties, but merely recording or standing near an officer's expected path would not lose the right.

Annual training for federal officers

If enacted, the head of each federal law enforcement agency would have to train every federal officer about enforcing the law while respecting the right to record, observe, or peacefully protest. The first training would have to happen within 1 year after enactment and then once every year after that.

Definitions for recording protections

If enacted, the bill would define key terms that decide who and where the protections apply. It would define 'Federal law enforcement agency' and 'Federal law enforcement officer' (including immigration officers), what counts as 'law enforcement activities' in public view, and what 'public view' and 'record' mean for the Act.

Sponsors & CoSponsors

Sponsor

Frost, Maxwell [D-FL-10]

FL • D

Cosponsors

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 7/9/2026

  • Rep. Lofgren, Zoe [D-CA-18]

    CA • D

    Sponsored 8/10/2026

Roll Call Votes

No roll call votes available for this bill.

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