Congress Introduces Right to Record Act of 2026

On June 8 2026, Representative Maxwell Frost (D-FL) and Senator Richard Blumenthal (D-CT) unveiled the Right to Record Act of 2026. The bill would codify the First Amendment right to record federal law-enforcement officers in public and create a civil cause of action allowing individuals to sue officers who impede recording, observe, or peacefully protest.

Common Dreams

Law-makers cited a series of high-profile encounters in which video evidence proved crucial. In Minneapolis, the deaths of Alex Pretti and Renee Good during DHS’s Operation Metro Surge were later contested by recordings. In Chicago, Marimar Martinez, a U.S. citizen, was shot five times by a Customs and Border Protection agent while delivering clothing to her church; body-camera footage later contradicted DHS’s “domestic-terrorist” label. George Retes, an Iraq-war veteran, was violently arrested during an immigration raid and detained for three days. Federal officers have also been accused of targeting videographers in New Jersey, Memphis, and other locations.

Common Dreams

• Maxwell Frost – sponsor, Representative from Florida.

Common Dreams

• Richard Blumenthal – sponsor, Senator from Connecticut.

Common Dreams

• Jenna Leventoff – senior policy counsel, American Civil Liberties Union (ACLU), endorses the bill.

Reason

• Department of Homeland Security (DHS) – agency whose officials have described civilian filming as “doxing” and “obstruction of justice.”

Common Dreams

• June 8 2026 – Bill introduced in Congress.

Common Dreams

• October 2025 – Shooting of Marimar Martinez in Chicago.

Common Dreams

• July 2025 – Arrest of George Retes during an immigration raid.

Common Dreams

• May 2026 – ACLU files lawsuit alleging systematic retaliation by a federal task force in Memphis against residents who record its activities.

Reason

Seven federal circuit courts have upheld the right to record police when the recorder does not interfere. Frost’s office reports “dozens of cases” in the past year where video corroborated victims’ testimony. Under current law, suing an individual federal officer for a constitutional violation is “next-to-impossible.” The bill’s summary prohibits officers from pursuing a recorder to another location, conducting surveillance to intimidate, demanding identification because of recording, or ordering a stop to recording.

Reason

Frost stressed that no federal agent is above the Constitution and that the legislation would give citizens a legal path when officers violate recording rights. Blumenthal highlighted video evidence as essential to confirming victims’ accounts and asserted that the right to bear witness is more important than ever. Leventoff described recording as fundamental to democratic accountability and urged Congress to codify the protections. DHS officials, in contrast, have framed civilian filming as a security threat, labeling it doxing and obstruction.

Reason

Critics point to DHS’s characterization of recording as illicit and note that the Supreme Court has not directly ruled on the issue, leaving legal precedent unsettled. The bill’s full text has not been released, and DHS declined to comment on the proposal, creating uncertainty about implementation.

Reason

Documented incidents—including the Pretti and Good killings, Martinez’s shooting, Retes’s arrest, and the Memphis task-force retaliation lawsuit—illustrate the perceived need for independent visual records of federal-law-enforcement actions.

Reason

Sources differ on the availability of the bill’s language, and there is no official DHS response. While circuit courts support recording rights, the lack of a Supreme Court ruling leaves the scope of permissible lawsuits ambiguous.

Reason

• “gov strengthens your First Amendment right to record, observe, and peacefully protest — and gives you the power to sue federal agents who violate those rights.” — Maxwell Frost, U.S. Representative

Common Dreams

• “That right has never been more important. In cases like the murders of Alex Pretti and Renee Good, officials and their allies tried to paint the victims as threats despite evidence showing otherwise,” — Maxwell Frost, U.S. Representative

Common Dreams

• “over the last year, I’ve investigated dozens of cases of Americans brutalized by agents of their own government, and across the board, video footage corroborated their testimony—showing the world what they experienced and making sure that justice was served.” — Richard Blumenthal, U.S. Senator

Common Dreams

• “The right to observe and record law enforcement is fundamental to our democracy,” — Jenna Leventoff, Senior Policy Counsel, ACLU

Common Dreams

• “We can't hold our government accountable if we can't see for ourselves what they're doing in our communities.” — Jenna Leventoff, Senior Policy Counsel, ACLU

Reason

The bill is slated for committee review in the coming weeks, with potential hearings on the balance between First Amendment rights and law-enforcement operational concerns. Stakeholders anticipate further testimony from civil-rights groups and DHS representatives as Congress evaluates the proposal.

Reason