What is the Supreme Court ruling on filming in public?
Asked by: Alisa Rath | Last update: October 28, 2025Score: 4.9/5 (37 votes)
See Fields, 862 F. 3d at 360 (“In sum, under the First Amendment's right of access to information the public has the commensurate right to record—photograph, film, or audio record—police officers conducting official police activity in public areas.”).
Is filming in public a constitutional right?
Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes transportation facilities, the outside of federal buildings, and police and other government officials carrying out their duties.
Can you ask someone to stop filming you in public?
You can always ask them to please not film you. They may not comply but you can at least ask and if they are polite they may wait or turn away.
What are the laws around filming in public?
Members of the public, including the press, have a First Amendment right to observe, take photographs and record video in any public place where they are lawfully present. Photography and the recording of video are common activities and are neither crimes nor indications of criminal activity, in themselves.
Has the Supreme Court ruled on public photography?
Several cases have reinforced the right to photography under the First Amendment: Glik v. Cunniffe (2011): This case affirmed the right of individuals to record public officials, including police officers, in the public discharge of their duties.
judge opinion on filming in public
What did the Supreme Court rule about filming police in public?
3d at 360 (“In sum, under the First Amendment's right of access to information the public has the commensurate right to record— photograph, film, or audio record—police officers conducting official police activity in public areas.”).
Can I film in public buildings?
Everyone has a right to photograph, film or record government facilities and employees in publicly accessible locations.
Can you be sued for filming someone in public?
California. California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording.
Can someone take a video of you without your permission?
California. California has a stricter law regarding recording conversations. Unlike many states, you need the consent of all parties involved for a legal recording, even if you participate in the conversation.
Can someone take pictures of my property without my consent?
It is generally OK for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos. You would also need permission to be there in the first place, or you'd be trespassing.
Which states is it illegal to film someone without consent?
1 California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. The vast majority of jurisdictions that criminalize nonconsensual videotaping of a person require that the person be in an area in which that person has a reasonable expectation of privacy.
Is it illegal to film in Walmart?
Out of respect for our associates and customers, unauthorized filming is prohibited and we reserve the right to enforce that policy.
What can you do if someone is recording you in public?
You should discuss the situation with an attorney first. Your case may not be a wiretapping violation, but it could violate privacy laws or a criminal statute. You may have a strong lawsuit on your hands if: You are suing law enforcement, and authorities did not have a warrant or probable cause for search and seizure.
What does the First Amendment say about filming?
The U.S. Supreme Court has recognized a "paramount public interest in a free flow of information to the people concerning public officials." Other federal courts have found that the First Amendment freedoms of the press and speech protect the right to film in public spaces.
Can you be kicked out of a public library for filming?
It is the policy of the California State Library to allow filming, photography, and audio recording in State Library spaces as described herein, to the extent that these activities do not interfere with the operations, programs and activities of the State Library or the individual rights of library employees and ...
What is the 4th Amendment?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
Can you post videos of people in public?
In general, any footage shot in a public place can be uploaded to YouTube without permission from anyone you may have captured on film.
What does one-party consent mean?
The one-party consent rule means that in most states, one person can record a conversation without telling the other person. This is usually done over the phone or in person. However, it's important to note that not all states follow this rule.
What can I do if my neighbor is recording me with his phone?
Contact law enforcement: Report your concerns to the police and provide them with the evidence you have gathered. They can investigate the matter and take appropriate action if necessary.
How to press charges for invasion of privacy?
- You had a reasonable expectation of privacy.
- The defendant intentionally intruded.
- The intrusion was highly offensive to a reasonable person.
Is it illegal to record someone in their own home?
In two-part consent states like California, Florida or Michigan, both or all sides need to give their consent to have their conservation recorded. It is never legal to record a conversation where no one is giving consent.
Can you film in a post office?
Filming on USPS premises requires a Location Agreement for commercial or non-commercial use. Please note that filming often requires the coordination of several USPS parties including a local Postmaster or letter carrier.
Is it illegal to film someone in public without their consent?
California is an all-party consent state.
Can you record in a bank?
Answer: We actually recommend a sign(s) be posted in your lobbies and other critical areas. The sign states, "No voice or video recordings allowed on premises!” Should someone comment negatively about the signs, staff can respond that the policy is due to privacy concerns for account holders.
Is the First Amendment right to film in a public library?
Does your library have a POLICY that prevents video recording in publicly accessible areas under the guise of protecting patron and staff privacy or a person's right not to be recorded? Policy is not law! Libraries are open to the public and there is no expectation of privacy in publicly accessible areas.