S. 4696 — Right to Record Act of 2026

This section expresses the sense of Congress that the First Amendment protects the right to record, observe, and peacefully protest law enforcement officers and other public officials in public view, and that Congress can enhance remedies for violations of this right by establishing an express statutory cause of action.

This section establishes the right of any person to record, observe, or peacefully protest federal law enforcement activities in public view, except when physically restricting an officer. It creates a civil cause of action against federal officers and the United States for violations, awarding the greater of actual or $25,000 statutory damages per violation plus up to $100,000 in punitive damages if malice or reckless disregard is shown, requires annual training for officers beginning within one year of enactment, and awards attorney’s fees to prevailing plaintiffs.

This section directs broad construction of the Act to maximize protection of the right to record, observe, or peacefully protest law enforcement activities and to access information about matters of public interest. It preserves all other First Amendment protections, causes of action, and remedies under federal, state, or local law, including those arising from violations by officers acting under color of law.