HR 9189: Right to Record Act of 2026

HR 9189 in plain English: This bill would establish a federal right for individuals to record police officers and other government officials performing their duties in public. It would create legal remedies, including damages, for people whose recording rights are violated.

Stated purpose

The bill aims to give people a clear legal right to record, watch, or peacefully protest law enforcement in public, and to let them sue federal officers or the U.S. government in court if that right is violated.

Key points

• Establishes a federal right to record law enforcement and government officials in public
• Allows victims to sue for actual damages or $25,000 in statutory damages per violation
• Allows punitive damages up to $100,000 per violation if committed with malice or reckless disregard

Arguments supporters make

• Recording police in public is already protected by the First Amendment, but without a clear law people have had little practical way to enforce that right — this bill gives them a real tool to do so.
• Holding officers and agencies financially accountable discourages retaliation against bystanders and journalists, which can lead to greater transparency and public trust in law enforcement.
• The bill's specific list of prohibited actions — like seizing cameras or adding people to databases in retaliation — closes loopholes that have allowed subtle intimidation of witnesses even when outright bans on recording were not imposed.

Arguments opponents make

• Officers managing active crime scenes or dangerous situations may need to control bystander access for safety reasons, and the threat of a $25,000 lawsuit for every judgment call could make that harder and expose officers to costly litigation over good-faith decisions.
• Bypassing sovereign immunity and holding the government liable regardless of agency policy or officer immunity is a significant legal shift that critics say removes important protections built up over time for a reason.
• The bill applies only to federal officers, leaving the vast majority of everyday police encounters — which involve state and local agencies — unaddressed, so its real-world impact on the broader problem may be limited.

Tradeoffs

The bill expands individual rights and legal remedies against federal law enforcement, but does so by creating new financial liability for officers and the government that critics say could complicate police operations or invite excessive litigation; the protection also covers only federal officers, leaving a tradeoff between a narrower, achievable scope and the broader problem most people experience with local police.

Current status in Congress: In committee.

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