In today’s world, smartphones are everywhere, and with them comes the ability to record interactions with police, government officials, or public events. The right to record is closely tied to the First Amendment, which protects freedom of speech and the press. But in criminal cases, exercising that right can sometimes lead to serious charges like obstruction of justice.
At Monument Legal, we believe it’s important to understand where your rights begin and where the law may try to limit them.
Yes. Courts across the country have recognized that citizens have a constitutional right to record public officials performing their duties in public spaces. That includes recording:
This right is a critical tool for transparency and accountability.
The right to record isn’t unlimited. Problems usually arise when law enforcement claims that recording:
For example, standing too close to officers during an arrest, refusing to comply with lawful orders, or ignoring safety instructions can result in obstruction charges, even if your intent was only to record. Even if you aren’t violating the law, irritated officers may arrest you anyway. An arrest, even an unlawful one, is a very unpleasant experience.
If you’re charged with obstruction while recording, the stakes are high. A conviction can carry fines, probation, or even jail time. But a strong criminal defense attorney can:
The freedom to record is essential to protecting civil liberties. Without it, misconduct could go undocumented, and citizens would lose a powerful check on government authority.
At Monument Legal, we are committed to defending your constitutional rights, including your right to record.