Right to Record Act of 2026

This bill establishes an explicit federal right for individuals to record, observe, or peacefully protest law enforcement activities conducted by federal officers in public view, affirming these as First Amendment protections. It creates a specific civil cause of action against federal law enforcement officers and the United States government for any violations of this right, ensuring accountability.

For each violation, injured parties can receive the greater of actual damages or statutory damages of $25,000, plus up to $100,000 in punitive damages for malicious or reckless conduct. The U.S. government is made liable, waiving sovereign immunity, regardless of agency policy or officer immunity. The bill details various prohibited actions by officers, such as preventing recording, threatening individuals, seizing property, or retaliating against those exercising their rights.

While the right does not extend to physically restricting an officer, merely recording or positioning oneself near an officer is protected. The Act mandates annual training for federal law enforcement officers on respecting these rights and requires courts to award reasonable attorney's fees and costs to prevailing plaintiffs. This legislation is intended to be broadly construed to protect these fundamental freedoms without diminishing other existing constitutional or statutory remedies.