Yves here. It is a sad comment on what passes for rights in America that a law like this has to be proposed. Well-settled precedent is that you have no expectation of privacy in a public place, and that includes spots viewable from the street like your front yard. That additionally means that photographing or videoing someone in these locations is similarly protected under the First Amendment.<\/p>\n
However, I do like the carve-out of making Federal employees individually liable. Even though the government would presumably cover their defense, they would be subject to discovery as well as the stress of being involved in litigation. So the chilling effect against bad conduct would be salutary.<\/p>\n
Mind you, one has to think this has no chance of passing before the midterms. But assuming midterms, that equation could change considerably.<\/p>\n
By Brett Wilkins, staff writer at Common Dreams. Originally published at Common Dreams<\/a><\/strong><\/em><\/p>\n A pair of congressional Democrats on Monday introduced legislation that would protect the constitutional right to legally record federal agents and open the door to civil compensation for people whose rights have been violated.<\/p>\n Congressman Maxwell Frost of Florida and Sen. Richard Blumenthal of Connecticut introduced<\/a> the Right to Record Act, which according to<\/a> Frost\u2019s office, \u201cestablishes the right to sue individual law enforcement agents if they violate First Amendment<\/a> rights, including the right to record, observe, or peacefully protest<\/a>.\u201d<\/p>\n \u201cThe First Amendment defends the right to assemble, protest, and record government officials in public,\u201d Frost said in a statement.<\/p>\n \u201cThat right has never been more important. In cases like the murders of Alex Pretti and Renee Good, officials and their allies tried to paint the victims as threats despite evidence showing otherwise,\u201d the congressman said, referring to two people shot and killed during the Department of Homeland Security\u2019s (DHS) Operation Metro Surge anti-immigrant blitz in Minneapolis.<\/p>\n \u201cWithout firsthand recordings, those false narratives might have become the official story, which is why the Right to Record Act is so important,\u201d Frost added. \u201cIt would protect the public\u2019s ability to expose the truth without fear, giving individuals a legal path forward if an officer does violate their constitutional rights.\u201d<\/p>\n In the same statement, Blumenthal said that \u201cover the last year, I\u2019ve investigated<\/a> dozens of cases of Americans brutalized by agents of their own government, and across the board, video footage corroborated their testimony\u2014showing the world what they experienced and making sure that justice was served.\u201d<\/p>\n \u201cWithout recordings, we wouldn\u2019t know the truth of what happened to Renee Nicole Good, Alex Pretti, Marimar Martinez, George Retes, and so, so many others,\u201d the senator continued.<\/p>\n Martinez, a US citizen, was shot five times by a US Customs and Border Protection agent last October in Chicago while going to donate clothing to her church. Officer body camera footage showed<\/a> that DHS officials\u2014who labeled Martinez a \u201cdomestic terrorist\u201d\u2014lied about events leading up to the shooting.<\/p>\n Retes, who is also a US citizen, is an Iraq War<\/a> veteran who was violently arrested<\/a> last July during an immigration<\/a> raid on his job site and subsequently jailed for three days.<\/p>\n \u201cThe right to bear witness has never been more important,\u201d Blumenthal said in his statement Monday. \u201cI\u2019m proud to work with Congressman Frost on bicameral legislation that will strengthen the right to record, observe, and peacefully protest\u2014creating real enforcement tools for the protections of the First Amendment that lay the foundation for our democracy.\u201d<\/p>\n Recording federal law enforcement agents in public is protected First Amendment activity, as long as the recorder is not interfering with the officers\u2019 duties. Federal courts have repeatedly upheld<\/a> this right.<\/p>\n \u201cThe right to observe and record law enforcement is fundamental to our democracy<\/a>,\u201d Jenna Leventoff, senior policy counsel with the ACLU\u2014which has endorsed the Right to Record Act\u2014asserted<\/a> Monday.<\/p>\n \u201cWe can\u2019t hold our government accountable if we can\u2019t see for ourselves what they\u2019re doing in our communities,\u201d she argued. \u201cObserving and filming allows people to create an independent record, share information with their communities, and demand better from our government.\u201d<\/p>\n \u201cProtesting for what we believe in is a core American value, and observing and filming government activity can drive the protest movements that spark change,\u201d Leventoff added. \u201cAll of these rights are squarely protected by the First Amendment, and we\u2019re hopeful that Congress will codify them into law by enacting the Right to Record Act.\u201d<\/p>\n![\"\"](\"https:\/\/www.nakedcapitalism.com\/wp-content\/uploads\/2026\/06\/Screenshot-2026-06-09-at-8.37.23\u202fPM.png\")
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