The Bay What You Need to Know About Filming ICE
Jan 19, 2026
Morgan Sung, a tech journalist and host of the Close All Tabs podcast, engages with criminal justice reporter C.J. Ciaramella on the controversial topic of recording ICE activities. They discuss the tragic shooting of Renee Good and the subsequent public outcry. C.J. sheds light on the legalities surrounding the right to record law enforcement, exploring circuit court precedents and the challenges posed by federal obstruction laws. They also delve into the risks involved for observers and provide practical advice on knowing your rights in these situations.
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Courts Back Recording Police, Supreme Court Silent
- Federal circuit courts have broadly recognized a First Amendment right to record law enforcement in public.
- The U.S. Supreme Court hasn't explicitly ruled, so some circuits remain unsettled like Minnesota's.
Public Officials Have Limited Privacy Protections
- Government officials doing official work in public lack a reasonable expectation of privacy.
- Recorded video evidence has repeatedly driven accountability in major policing incidents.
Injunctions Exist But Enforcement Is Weak
- Courts have issued injunctions limiting DHS tactics against journalists and observers, but enforcement is inconsistent.
- Plaintiffs repeatedly return to court as judges struggle to ensure compliance.
