Protect yourself and others first. If you can do so without entering danger or interfering, record from a safe distance, keep the original file unchanged, and write down what the camera may not capture. Before sharing footage publicly, consider the safety and wishes of the people shown. Recording rights and risks vary by location, so get local legal advice about a specific incident.
Before the protest: prepare your device and an exit plan
Decide in advance whether documenting is appropriate for your role and how you will leave if conditions become unsafe. A phone with video recording is enough; buying a particular device or accessory does not make recording safer or change your legal rights.
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- Set a strong passcode and enable device encryption. The ACLU’s protest privacy guidance recommends disabling face and fingerprint unlock and using airplane mode when you do not need connectivity. Balance that choice against your need to call for help or coordinate safely.
- Know where your important data is backed up and who can access it. A backup can reduce the risk that losing access to your phone also means losing important files.
- Choose how you plan to record and share. Livestreaming or posting in real time can expose identifiable people immediately; recording locally gives you more control over when and how footage is shared. The ACLU guidance does not establish one method as safest in every situation.
- Identify a route away from the event and a way to contact someone you trust if you need assistance.
During an incident: stay safe and record without interfering
Keep your distance from police activity, do not obstruct officers, and leave if the scene becomes dangerous or you are ordered to move. A right to record is not a reason to remain in a volatile situation. Do not physically resist officers; the consequences of an encounter depend on local law and the circumstances.
ACLU materials describe First Amendment protection in the United States for recording law enforcement performing duties in public when the recorder is lawfully present, while stressing safety and noninterference. Emerson Sykes, identified by the ACLU as a staff attorney with its Speech, Privacy, & Technology Project, wrote in the ACLU’s June 2, 2020, “Know Your Rights While Protesting Police Brutality”: “The police can order people to stop interfering with legitimate police operations, but video recording from a safe distance is not interfering.” This is U.S.-focused rights guidance, not a guarantee about what will happen in a particular encounter.
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Capture the sequence and surroundings when it is safe
Record continuously enough to show what happened before, during, and after the incident, rather than only a short, isolated moment. If doing so does not increase risk, capture visible street signs or landmarks that help establish location. Note nearby cameras or potential witnesses without approaching them or deliberately exposing them to danger.
Do not put yourself or others at risk to get a clearer view, a closer shot, or a witness’s details. Footage can affect the privacy and safety of injured people and bystanders even when it was lawful to record in public.
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After recording: preserve the original and document what it misses
Keep the original photo or video unchanged. Make a separate copy in another secure location or on another device so the only copy is not on the phone. If you need a redacted version for sharing, edit a copy, retain the original separately, and label the edited file clearly.
Write a contemporaneous account
As soon as practical, write down your own recollection. A video may not capture what happened outside the frame, what was said before recording began, or details obscured by noise or movement. Include:
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- Date, approximate time, and location, including nearby street names or landmarks.
- What happened immediately before and after the recorded portion.
- Commands or other words you heard, as accurately as you can recall them.
- Officer badge numbers or other identifiers, the agency, and patrol-car or other vehicle numbers, if visible.
- Injuries and witness contact details, but only where collecting or retaining that information does not create additional risk.
If someone is injured, seek medical care. Keep relevant medical records and consider documenting injuries. ACLU guidance on documenting police misconduct recommends preserving details that may not appear in a recording.
Before sharing: weigh public interest against people’s safety
Ask the person harmed, when possible, what they want done with the footage and when. Consider sharing it privately with them, a loved one, or their lawyer instead of publishing it immediately. A public post can make a person identifiable and circulate beyond your control.
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Before publishing, consider blurring the faces and distinctive identifiers of other protesters and bystanders. Retain the unedited original separately. Also consider whether file metadata could reveal location or other identifying information. The ACLU’s protest privacy guidance discusses protecting personal information; the decision to publish should account for the specific people shown and their circumstances.
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| Method | What it means for sharing | Key consideration |
|---|---|---|
| Record locally | You keep the file on the device and choose later whether and how to share it. | It offers more control over timing than immediate publication, but keep a separate secure copy. |
| Livestream | Viewers may see the scene as it happens. | People can be exposed before you have a chance to consider redaction or ask about their wishes. |
| Post a recording | The file is made public or shared with an audience you choose. | Consider consent, identifying details, and metadata before posting; public recording is not automatic permission to publish every person shown. |
For accountability: seek local advice and check complaint routes
If you want to pursue a complaint, find the appropriate local civilian review body or agency unit and check its process and deadline directly. Complaint procedures and time limits vary. ACLU guidance on documenting police misconduct identifies internal-affairs offices and civilian review boards as possible routes; it does not establish which one applies to every incident.
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Recording rules can depend on jurisdiction and circumstances, including whether you are on private property, how close you are, whether audio is recorded, and whether officers detain you or seek access to your device. The U.S.-focused ACLU materials do not settle state-specific restrictions, audio-consent rules, situations involving immigration or federal agents, or whether a particular file will be admitted as evidence. Do not assume a recording cannot be seized or that recording prevents detention. For an actual case, contact a local attorney or rights organization.
Amnesty International’s human-rights guidance provides broader context about states’ obligations to respect, protect, and facilitate peaceful protest, and concerns about unlawful force and surveillance. It is international context, not a local legal remedy or a substitute for domestic law.
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