Right to Record Act of 2026
Sponsored By: Representative Frost, Maxwell [D-FL-10]
Introduced
Summary
This bill would create an express federal right to record law enforcement activities in public view and a standalone private legal cause of action for violations. It would also authorize statutory and punitive damages, require courts to award attorney's fees to prevailing plaintiffs, and mandate annual training for federal law enforcement agencies.
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- People who record, observe, or peacefully protest law enforcement in public view could sue federal officers and the United States and recover the greater of actual damages or $25,000 per violation, plus punitive damages up to $100,000 where the violation involved malice or reckless disregard. Courts would also award reasonable attorney's fees and costs to prevailing plaintiffs.
- Federal law enforcement officers acting under color of law and the United States could be held liable because the bill waives sovereign immunity for claims under the Act. Agency leaders must provide training within one year of enactment and annually afterward on enforcing the law while respecting the right to record.
- The bill lists specific prohibited actions that constitute violations, such as preventing recording, seizing or destroying recordings, demanding identification to intimidate, pursuing or surveilling recorders, and other retaliation. It also narrows the right when a person physically restrains an officer and directs courts to construe the law broadly while preserving other legal remedies.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Civil Damages for Recording Rights
If enacted, you could sue a federal officer who violates your right to record, observe, or peacefully protest. You would be able to recover the greater of your actual damages or statutory damages of $25,000 for each violation. A court could award punitive damages up to $100,000 per violation if the officer acted with malice or reckless disregard. The United States could also be held liable, sovereign immunity would be waived for these claims, and a prevailing plaintiff could get reasonable attorney's fees.
Right to Record and Protections
If enacted, the bill would affirm a right to record, watch, or peacefully protest federal law enforcement in public view. It would bar many federal officer actions that stop or punish recording, such as seizing devices, threatening or pursuing people, demanding ID, copying or destroying recordings, commanding you to stop when not legally prohibited, or arresting someone for recording. The right would not cover physically restraining an officer during official action, but mere recording or standing near an officer's path would remain protected.
Court and Agency Guidance on Recording
If enacted, the bill would tell courts and agencies to read the law in favor of broad protections for recording, observing, and accessing information about public-interest matters. It would also say that nothing in the bill is meant to reduce other First Amendment rights or stop other legal claims under federal, State, or local law. This guidance would shape how ambiguous parts of the law are interpreted.
Sponsors & CoSponsors
Sponsor
Frost, Maxwell [D-FL-10]
FL • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov