Journalist rights in the USA: photographing, recording police, protecting sources

In the US you do not need a press card to photograph or record in public places. Federal appeals courts covering most of the country have recognized a First Amendment right to record police doing their jobs in public, subject to reasonable time, place and manner limits. Source protection is different: there is no federal shield law, and protection depends on the state.

This page summarizes the key rules and court decisions. It is general information, not legal advice – for a concrete situation, contact a media lawyer or the Reporters Committee for Freedom of the Press.

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At a glance

Photographing in public: Generally protected by the First Amendment
Recording police: Recognized right in at least eight federal circuits
Deleting your photos: Police may not delete them
Federal shield law: None – PRESS Act stalled in the Senate in Dec 2024
Press card needed?: No – credentials matter for restricted areas only

Photographing and filming in public

Things that are plainly visible from public spaces – streets, sidewalks, parks – can generally be photographed. This applies to everyone, not only credentialed journalists. A press card does not create this right and the lack of one does not remove it.

Private property is different: owners and venues can set their own rules about photography, including at events that are open to the public. If you are asked to stop on private property, the question is trespass, not press freedom.

Recording police: what the courts have said

The US Supreme Court has not ruled directly on the question, but federal courts of appeals have recognized a First Amendment right to record police officers performing their duties in public. Decisions include:

1st Circuit: Glik v. Cunniffe (2011)
3rd Circuit: Fields v. City of Philadelphia (2017)
4th Circuit: Sharpe v. Winterville (2023), which protected livestreaming a traffic stop
5th Circuit: Turner v. Driver (2017)
7th Circuit: ACLU of Illinois v. Alvarez (2012)
8th Circuit: Ness v. City of Bloomington (2021)
9th Circuit: Fordyce v. City of Seattle (1995) and Askins v. DHS (2018)
10th Circuit: Irizarry v. Yehia (2022)
11th Circuit: Smith v. City of Cumming (2000)

The right is subject to reasonable time, place and manner restrictions. Keep a safe distance, follow lawful orders to move back, and do not interfere with an arrest – recording is protected, obstruction is not.

Can police take or delete your photos?

Civil liberties guidance is clear on the basics: police generally may not confiscate or demand to view your photos or video without a warrant, and they may not delete them. If an officer asks to see or delete images, you can say politely that you do not consent, ask whether you are being detained, and note the officer’s name and badge number.

Back up your footage quickly (for example to cloud storage) when you cover protests or police operations.

Protecting sources: shield laws

There is no federal shield law in the United States. The PRESS Act passed the House unanimously in January 2024 but was blocked in the Senate in December 2024, and as of August 2025 it had not been reintroduced in the 119th Congress.

Most states protect journalists from being forced to reveal sources, either by statute or through court-recognized privilege, but the scope differs widely, and Wyoming has neither. Freelancers should check whether their state’s protection covers them, because some statutes are written for employees of news organizations.

When credentials do matter

Credentials are about access to places that are not open to the public: crossing police and fire lines (for example with the NYC press card or the LAPD Media ID), entering press areas at events, or working in the congressional galleries.

Who gets those credentials is also decided by the issuing body. In March 2026, for example, a federal judge declined an emergency order for three commentators whom the Washington State House had denied credentials as not “bona fide” journalists. And in 2025 the White House took over composition of the press pool from the White House Correspondents’ Association. The rules can change, so check the issuing body’s current policy.

A professional ID such as the FJA press card helps you identify yourself quickly. It does not add legal rights – your rights in public places are the same with or without a card.

Frequently asked questions

Do I need a press pass to film the police?

No. Federal appeals courts in most of the country recognize a right to record police in public. A credential matters only for restricted areas such as inside police lines.

Can police make me delete my photos?

Civil liberties guidance says police may not delete your photos or video, and generally may not seize or view them without a warrant.

Is there a federal shield law?

No. Protection for confidential sources depends on state law. The PRESS Act was blocked in the Senate in December 2024.

Are freelancers and bloggers protected too?

The right to photograph and record in public applies to everyone. Whether a state shield law covers you depends on how that state defines a journalist.

Sources and last review

Written and reviewed by the FJA editorial team. Last review: 23 October 2026. Laws, fees and procedures change – check the linked sources before you rely on a detail.

Journalist rights in the USA: photographing, recording police, protecting sources

Photographing and filming in public

Recording police: what the courts have said

Can police take or delete your photos?

Protecting sources: shield laws

When credentials do matter

Frequently asked questions

Sources and last review

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