Blumenthal & Frost Introduce the Right to Record Act

[WASHINGTON, DC] - Today, U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Maxwell Alejandro Frost (D-FL) introduced the Right to Record Act, a bicameral bill to protect individuals' First Amendment rights while engaging with federal law enforcement officers. The new legislation is being introduced as protests and public demonstrations continue outside New Jersey's Delaney Hall detention center, where there are reports of agents harassing journalists, advocates, and community members who are trying to document the conditions of the facility.

"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. Without recordings, we wouldn't know the truth of what happened to Renee Nicole Good, Alex Pretti, Marimar Martinez, George Retes, and so, so many others," Blumenthal said. "The right to bear witness has never been more important. I'm proud to work with Congressman Frost on bicameral legislation that will strengthen the right to record, observe, and peacefully protest - creating real enforcement tools for the protections of the First Amendment that lay the foundation for our democracy."

"The First Amendment defends the right to assemble, protest, and record government officials in public. 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," said Frost. "Without firsthand recordings, those false narratives might have become the official story, which is why the Right to Record Act is so important. It would protect the public's ability to expose the truth without fear, giving individuals a legal path forward if an officer does violate their constitutional rights."

While the right to document and record federal law enforcement agents is enshrined in the First Amendment, these constitutionally protected rights have not always been enforced. The Right to Record Act would add new legal consequences for federal law and immigration enforcement officers who prevent or attempt to prevent a person from recording, observing, or peacefully protesting law enforcement activities. In addition, officers must not command that an individual stop recording, demand identification from an individual because they are recording, or retaliate against an individual for exercising their First Amendment rights, including by threatening them, pursuing them to a different location, or surveilling them.

The Right to Record Act has been endorsed by the American Civil Liberties Union (ACLU).

"The right to observe and record law enforcement is fundamental to our democracy," said Jenna Leventoff, senior policy counsel with the ACLU. "We can't hold our government accountable if we can't see for ourselves what they're doing in our communities. Observing and filming allows people to create an independent record, share information with their communities, and demand better from our government. Protesting for what we believe in is a core American value, and observing and filming government activity can drive the protest movements that spark change. All of these rights are squarely protected by the First Amendment, and we're hopeful that Congress will codify them into law by enacting the Right to Record Act."

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1. Civil Rights