Close All Tabs Are You Allowed to Record ICE?
Jan 14, 2026
C.J. Ciaramella, a criminal justice reporter for Reason, dives into the complex issue of whether recording ICE is a protected right. He discusses the chilling rhetoric from the Trump administration that labels filming law enforcement as obstruction. Ciaramella highlights recent court rulings affirming the First Amendment right to record police activity, despite increasing attempts to suppress this practice. He shares insights on how fear tactics and legal challenges impact journalists and activists, illuminating the importance of accountability in law enforcement.
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Recording Police Is Largely Protected
- Federal appeals courts have broadly recognized a First Amendment right to record police and observe law enforcement in public.
- The Supreme Court hasn't ruled, but seven circuit courts have made this nearly settled doctrine.
Public Officials Have Little Privacy
- Officials doing government work in public lack a reasonable expectation of privacy, strengthening recording protections.
- Video evidence from bystanders has repeatedly shaped accountability in major policing cases.
Rely On Court Injunctions For Protection
- Courts blocked DHS from brutalizing journalists and protesters without probable cause during LA protests.
- Avoid escalating confrontations and know courts can enjoin harmful federal crowd-control tactics.