This bill, known as the "Right to Record Act of 2026," establishes an express federal cause of action for individuals whose First Amendment rights to record, observe, or peacefully protest law enforcement activities are violated. It aims to enhance remedies for such violations by creating specific liabilities for federal law enforcement officers and the United States government. Under this Act, federal officers acting under color of law who violate these rights can be held liable in civil actions. The United States government is also made liable for officer conduct, with a waiver of sovereign immunity, regardless of agency policy or officer immunity. Injured parties can seek redress including actual damages or statutory damages of $25,000 per violation , and punitive damages up to $100,000 for malicious or reckless disregard of rights. The bill explicitly defines various actions that constitute a violation, such as preventing recording, threatening retaliation, seizing property, or demanding identification solely due to recording or protesting. However, the right does not extend to physically restricting an officer, though being close to an officer while recording is protected. The Act also mandates annual training for federal law enforcement agencies on respecting these rights and ensures that prevailing plaintiffs are awarded attorney's fees and costs.
This bill, known as the "Right to Record Act of 2026," establishes an express federal cause of action for individuals whose First Amendment rights to record, observe, or peacefully protest law enforcement activities are violated. It aims to enhance remedies for such violations by creating specific liabilities for federal law enforcement officers and the United States government. Under this Act, federal officers acting under color of law who violate these rights can be held liable in civil actions. The United States government is also made liable for officer conduct, with a waiver of sovereign immunity, regardless of agency policy or officer immunity. Injured parties can seek redress including actual damages or statutory damages of $25,000 per violation , and punitive damages up to $100,000 for malicious or reckless disregard of rights. The bill explicitly defines various actions that constitute a violation, such as preventing recording, threatening retaliation, seizing property, or demanding identification solely due to recording or protesting. However, the right does not extend to physically restricting an officer, though being close to an officer while recording is protected. The Act also mandates annual training for federal law enforcement agencies on respecting these rights and ensures that prevailing plaintiffs are awarded attorney's fees and costs.