Photographers’ Rights at Protests

I want to take pictures or shoot video at a protest

You have the right to record public events, including protests, but understanding the limits and protections is important.

Your Rights

In public spaces: When you are legally present in a public area (such as streets, sidewalks, parks, or plazas in front of government buildings), you are allowed to photograph or film anything visible — including federal buildings, police officers, and other public officials.

On private property: Property owners can establish rules for photography or videography. If you don’t have permission, you might be asked to leave.

Police powers:

Officers cannot:

• Confiscate or demand to view your images or recordings without a warrant.
• Delete your files under any circumstances.
• Order you to stop recording unless you are genuinely interfering with legitimate law enforcement operations.

Video vs. audio: Still photography and the visual part of video recordings are fully protected. The audio track of a video may be regulated by certain state wiretapping laws — check your state’s laws before recording conversations.

If You Are Stopped or Detained

• Stay calm — never physically resist a police officer.
• Ask if you are free to leave — if yes, walk away calmly.

If detained, ask:

• “What crime am I suspected of committing?”
• Politely remind them that photography is protected under the First Amendment and is not a reasonable suspicion of criminal activity.

Reasonable suspicion is required: Police cannot legally detain you without believing you are committing, about to commit, or have already committed a crime.

If You Believe Your Rights Have Been Violated

• As soon as you can, write down everything you remember:
• Officers’ badge numbers, patrol car numbers, and agency names.
• Get witness contact information.
• Photograph any injuries you sustained.

File a written complaint with the agency’s internal affairs division or a civilian complaint board.

📚 More Resources:

• ACLU: Protesters’ Rights
• Freedom Forum: Legal protections for photographers
• Constitutional Protest Guide

The information provided on this website is for educational and informational purposes only. This information is not intended to be taken as legal, medical, or professional advice. The views expressed are those of the author(s) and do not necessarily reflect those of the company or its affiliates. Visitors are encouraged to conduct further research and consult with relevant professionals.