Right to Record Act of 2026
- Bill Number
- H.R. 9189
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-06-08: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-10T08:06:44Z
AI-Generated Summary
Right to Record Act of 2026 (H.R. 9189)
Purpose
This legislation aims to create a specific federal cause of action for individuals whose right to record, observe, or peacefully protest law enforcement activities has been violated. It recognizes existing First Amendment protections while establishing enhanced remedies, including monetary damages, against federal law enforcement officers and the United States.
Key Provisions
- Right and Limitations: Individuals have the right to record, observe, or peacefully protest law enforcement activities in public view, except when physically restricting or restraining an officer. Mere recording, observing, or protesting—even nearby—does not qualify as a restriction.
- Cause of Action: Federal law enforcement officers acting under color of law who violate this right face civil liability. The United States is also liable for such violations, with a waiver of sovereign immunity. Damages include the greater of actual or $25,000 statutory damages per violation, plus up to $100,000 in punitive damages for malice or reckless disregard.
- Violations Defined: Includes preventing recording, threatening or intimidating individuals, pursuing or surveilling them, demanding they stop, stopping or arresting them, demanding identification, seizing equipment or recordings without consent or court order, or other retaliation.
- Additional Requirements: Courts must award reasonable attorney's fees and costs to prevailing plaintiffs. Federal law enforcement agencies must provide annual training on respecting these rights within one year of enactment.
- Rules of Construction: The Act is to be interpreted broadly to protect the right to document public interest matters. It does not limit other First Amendment protections, remedies under federal, state, or local law, or additional causes of action.
Significant Changes to Existing Law
- Introduces an express statutory right and cause of action where none existed specifically for these activities, beyond general constitutional claims.
- Holds the United States liable for officer conduct regardless of agency policy, custom, or officer immunity, marking a direct waiver of sovereign immunity.
- Establishes fixed statutory and punitive damage amounts not previously available in this context.
- Mandates ongoing training for federal officers, adding a new compliance obligation.
Potential Impacts
- Government Agencies: Federal law enforcement agencies face increased civil liability exposure and must implement mandatory training programs, potentially affecting operations and budgets.
- Citizens: Provides clearer pathways for redress, including financial compensation, for individuals engaging in recording or protesting activities.
- International Relations: No direct provisions affect international matters, though enhanced domestic accountability standards could indirectly influence perceptions of U.S. law enforcement practices.
Main Stakeholders Affected
- Federal law enforcement officers and agencies (e.g., those enforcing criminal or immigration law).
- Individuals and groups involved in recording, observing, or peacefully protesting law enforcement.
- Federal district courts handling resulting civil actions.
- The United States as a defendant in liability claims.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Reinforces First Amendment rights to free speech and assembly by creating statutory enforcement mechanisms, while emphasizing broad protection for public documentation.
- Legal: Waives sovereign immunity in a targeted manner and shifts liability standards, potentially increasing litigation volume in federal courts.
- Political: Promotes accountability for federal officers through explicit remedies, without altering state or local law enforcement frameworks.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-08: Referred to the House Committee on the Judiciary.
- 2026-06-08: Introduced in House
- 2026-06-08: Introduced in House
Bill Versions
- Right to Record Act of 2026 — issued 2026-06-08 — PDF (9 pages)