Is it a First Amendment Right to Film in a Public Area?

If you’ve ever found yourself in a public area and thought it would be fun to record what you see. You’ve probably had times when things went without notice. And times when someone had a problem with what you were doing. Filming in a public area is generally acceptable. Although you might need a permit if you’re within city limits. And especially if you’re filming a commercial shoot. You’re likely wondering. Is it a First Amendment Right to film in a public area?

Filming & First Amendment Rights

The First Amendment protects the right to gather information about the actions of public officials. And what they are doing on public property. In fact, this right references specifically the right to record matters of public interest.

This means that you have very specific First Amendment Rights when it comes to filming police officers. Or other public officials in a public setting.

And that specific steps must be taken by law enforcement to prevent recording without impeding on someone’s First Amendment right.

Applications

But how does the First Amendment right to film in a public area apply to settings in which the cinematographer is not filming a public official?

Is there a First Amendment interest in protecting the rights of those who wish to film things? Like the local residents in the area? Or the scenery or other elements of the public space?

First Amendment Rights Guarantees

The First Amendment guarantees the right to a freedom of speech, free exercise of religion, and the freedom of press.

Under the First Amendment Right, if you’re wondering if it is okay to film in a public area. The protections have been found to go beyond the protection of the press.

To provide rights protections for the public’s right of access to information about officials’ public activities. However, this means that there is a right to film public officials.

But protections are not specified outside of the “right to film whatever they can see from a public space.”

Right to Film

Therefore, say you’re interested in filming in public. Technically you have a right to film what you can see from a public space.

However, individual city regulations for film professionals do generally require a permit if you wish to shoot a commercial video in a public location.

Fortunately, cities rarely deny permits unless the filming is specifically dangerous or hazardous to the public in which case additional actions might be required in order to allow for the safe filming in public.

In Summation

So, is it a First Amendment right to film in a public area? Technically, we have a right to film whatever we can see from a public space. And this right includes the right to record police or public officials.

Most cities will require a film permit for the safety of the public. As well as residents or business owners in the area.

And while there have been plenty of instances where First Amendment Rights were jeopardized. The general consensus is that filming in public is a first amendment right that is allowed under most circumstances.