H.R. 9189

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9189 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9189

To establish an express cause of action for violations of the right to 
record, observe, or peacefully protest law enforcement activities, and 
for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 8, 2026

Mr. Frost introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

A BILL

To establish an express cause of action for violations of the right to 
record, observe, or peacefully protest law enforcement activities, and 
for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Right to Record Act of 2026''.

SEC. 2. SENSE OF CONGRESS REGARDING FIRST AMENDMENT AND RIGHT TO 
RECORD, OBSERVE, OR PEACEFULLY PROTEST.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the First Amendment to the Constitution of the United 
States protects, among other things, the right to record law 
enforcement officers and other public officials in public view, 
observe the actions of law enforcement officers and other 
public officials in public view, protest peacefully, and engage 
in other expressive activities; and
(2) while the First Amendment already protects the right to 
record, observe, or peacefully protest law enforcement, 
Congress can enhance the remedies available to individuals who 
are deprived of this right by establishing an express statutory 
cause of action for such rights violations.

SEC. 3. RIGHT TO RECORD, OBSERVE, OR PEACEFULLY PROTEST LAW ENFORCEMENT 
ACTIVITIES.

(a) Right to Record, Observe, or Peacefully Protest Law Enforcement 
Activities.--A person has the right to record, observe, or peacefully 
protest law enforcement activities, except in cases described under 
subsection (c).
(b) Cause of Action.--
(1) Liability of officers.--Any Federal law enforcement 
officer who, while acting under color of law, violates a 
person's right to record, observe, or peacefully protest law 
enforcement activities shall be liable to the party injured in 
a civil action with respect to such violation in the 
appropriate district court for redress, including an award of 
the greater of actual damages or statutory damages in the 
amount of $25,000 for each violation, and punitive damages up 
to $100,000 for each violation engaged in with malice or 
reckless disregard for the federally protected rights of the 
party injured.
(2) Liability of the united states.--If, while acting under 
color of law, any Federal law enforcement officer violates a 
person's right to record, observe, or peacefully protest law 
enforcement activities, the United States shall be liable to 
the party injured for the conduct of the officer in a civil 
action with respect to such violation in the appropriate 
district court for redress, including the greater of an award 
of actual damages or statutory damages in the amount of $25,000 
for each violation, and punitive damages up to $100,000 for 
each violation engaged in with malice or reckless disregard for 
the federally protected rights of the party injured, regardless 
of whether a policy or custom of the Federal law enforcement 
agency that employs or contracts with the officer caused the 
violation, and regardless of whether the officer has any 
defense or immunity from suit or liability. This paragraph 
shall constitute a waiver of sovereign immunity with respect to 
Federal law enforcement agencies for any claim brought under 
this Act. Nothing in this paragraph shall be construed to limit 
or preclude any legal, equitable, or other remedy that is 
available, under this section or under any other source of law, 
against an individual officer.
(3) Violations.--A violation of the right to record, 
observe, or peacefully protest law enforcement activities 
includes the following:
(A) Preventing or attempting to prevent a person 
from recording, observing, or peacefully protesting law 
enforcement activities.
(B) Threatening, intimidating, or coercing a person 
with any negative consequences, including the addition 
of the personal information or biometric 
characteristics of the person into any database, in 
response to the person's recording, observing, or 
peacefully protesting law enforcement activities.
(C) Pursuing a person to a different location 
because the person recorded, observed, or peacefully 
protested law enforcement activities.
(D) Attempting to surveil or use surveillance 
powers to attempt to identify a person in order to 
intimidate or take other retaliatory action against 
that person because the person recorded, observed, or 
peacefully protested law enforcement activities.
(E) Commanding that a person cease recording, 
observing, or peacefully protesting law enforcement 
activities when the person was not prohibited by law or 
court order to engage in such activities.
(F) Stopping, seizing, searching, ticketing, or 
arresting a person because the person recorded, 
observed, or peacefully protested law enforcement 
activities.
(G) Demanding to see the identification of a person 
or interrogating or otherwise harassing a person 
because the person recorded, observed, or peacefully 
protested law enforcement activities.
(H) Unlawfully seizing property or instruments used 
by a person to record, observe, or peacefully protest 
law enforcement activities.
(I) Unlawfully destroying or seizing a recorded 
image or recorded images of law enforcement activities, 
or copying such a recording of law enforcement 
activities, without the consent of the person who 
recorded it or without approval from an appropriate 
court.
(J) Otherwise retaliating against a person because 
the person recorded, observed, or peacefully protested 
law enforcement activities.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), a 
person has no right to record, observe, or peacefully protest 
law enforcement activities pursuant to subsection (a) if the 
person physically restricts or restrains an officer taking 
official actions while acting under color of law.
(2) Exception.--Paragraph (1) shall not apply to the mere 
act of recording, observing, or peacefully protesting law 
enforcement activities, or positioning oneself to record, 
observe, or peacefully protest law enforcement activities, even 
if such action is taken close to, in front of, or near the 
expected path of an officer acting under color of law.
(d) Attorney's Fees and Costs.--The court shall award reasonable 
attorney's fees and costs to a prevailing plaintiff.
(e) Training.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the head of each Federal law 
enforcement agency shall provide to every Federal law enforcement 
officer training on how to enforce the law while respecting the right 
to record, observe, or peacefully protest law enforcement activities.
(f) Definitions.--In this section:
(1) Federal law enforcement agency.--The term ``Federal law 
enforcement agency'' means any agency of the United States 
authorized to enforce Federal criminal law or Federal 
immigration law.
(2) Federal law enforcement officer.--The term ``Federal 
law enforcement officer''--
(A) has the meaning given the term in section 115 
of title 18, United States Code; and
(B) includes an immigration officer.
(3) Immigration officer.--The term ``immigration officer'' 
has the meaning given the term ``immigration officer'' in 
section 101 of the Immigration and Nationality Act (8 U.S.C. 
1101).
(4) Law enforcement activities.--The term ``law enforcement 
activities'' means the official actions taken in public view by 
an officer acting under color of law.
(5) Observe.--The term ``observe'' means to watch or 
otherwise perceive.
(6) Peacefully protest.--The term ``peacefully protest'' 
means to engage in constitutionally protected expression or 
assembly.
(7) Public view.--The term ``public view'' means anything 
that can be seen from any place where an individual cannot be 
deemed to be trespassing, including parks, sidewalks, and 
roads, or a privately owned place where the individual is 
lawfully present.
(8) Record.--The term ``record'' means creating a written, 
visual, or audio record.

SEC. 4. RULES OF CONSTRUCTION.

(a) Broad Construction.--This Act shall be construed in favor of a 
broad protection of the right to record, observe, or peacefully protest 
law enforcement activities and the right to access and document 
information about matters of public interest, to the maximum extent 
permitted by the terms of this Act and the Constitution of the United 
States.
(b) No Diminishment of Other First Amendment Rights and Remedies.--
Nothing in this Act shall be construed to--
(1) diminish constitutional and statutory protections for 
any activity outside the scope of this Act that is otherwise 
covered by the First Amendment to the Constitution of the 
United States;
(2) preclude any cause of action that may arise under the 
laws of the United States, a State, or a unit of local 
government for any violation of such First Amendment rights; or
(3) limit or preclude any legal, equitable, or other remedy 
that is available in any action for any violation of such First 
Amendment rights.
(c) No Preclusion of Other Causes of Action.--Nothing in this Act 
shall be construed to preclude any other cause of action that may arise 
under the laws of the United States, a State, or a unit of local 
government for any violation by an officer acting under color of law of 
the right to record, observe, or peacefully protest law enforcement 
activities.
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