Right to Record Act of 2026
Sponsored By: Senator Blumenthal, Richard [D-CT]
Introduced
Summary
Creates a federal right to record, observe, and peacefully protest law enforcement activities. The bill would give people a clear cause of action for violations and defines a range of officer conduct that counts as a violation.
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- People who record or peacefully protest in public would gain a federal right to sue if officers stop, seize, destroy, or retaliate against them. The bill says there is no right to record when a person physically restrains an officer taking official action.
- Federal law enforcement officers acting under color of law could be sued individually, and the United States would be liable because the bill waives sovereign immunity. It authorizes statutory damages of $25,000 per violation and allows punitive damages up to $100,000 per violation for conduct done with malice or reckless disregard.
- Prevailing plaintiffs would recover reasonable attorney's fees and costs. Heads of federal law enforcement agencies must train every officer within one year of enactment and then annually on respecting the right to record, observe, and peacefully protest.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Right to record federal officers
If enacted, you would have a federal right to record, watch, or peacefully protest federal law enforcement in public view. The right would not apply if you physically restrain an officer taking official action, but merely recording or positioning yourself to record would be protected. The bill would let you sue federal officers who violate this right and recover the greater of your actual loss or $25,000 per violation. It would allow punitive damages up to $100,000 per violation for conduct done with malice or reckless disregard, require courts to award reasonable attorney fees, and waive sovereign immunity so the United States can be liable for officer violations. Examples of listed violations include seizing or destroying phones or recordings, ordering you to stop when not legally prohibited, demanding ID or harassing you for recording, threatening to add your data to a database, surveilling or pursuing you for recording, and other retaliation.
Annual federal officer training
If enacted, the head of each federal law enforcement agency would have to train every federal officer on how to enforce the law while respecting the right to record, observe, or peacefully protest. The first training would have to happen within one year of enactment. Training would have to be provided annually after that.
Sponsors & CoSponsors
Sponsor
Blumenthal, Richard [D-CT]
CT • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov