Can You Film Inside a Government Building? What Courts Say

Can you film inside a government building?

Sometimes. The answer depends on the room, the owner, and the rule for that space.

Start with one idea. A public building is not the same as a public forum. The UNC School of Government says being open to the public is not enough, by itself, to make an area a public forum for First Amendment purposes ^[1]. Courts across the United States have generally treated lobbies and waiting areas in government-owned buildings as nonpublic forums ^[2].

You can walk into a lobby. That does not mean you can film there on your own terms. Keep that gap in mind as you read.

This guide covers lobbies, police stations, federal buildings, courthouses, and schools. It is general information, not legal advice.

What do courts say about filming public officials?

Start with the baseline. The First Circuit held that a citizen's right to film government officials, including police officers, in the discharge of their duties in a public space is a basic, vital, and well-established First Amendment liberty ^[3]. The same court said that right is not unqualified ^[3].

The Reporters Committee for Freedom of the Press says the First Amendment generally protects filming and audio recording of officials doing their duties in a public place ^[4]. It adds that reasonable time, place, and manner restrictions can apply ^[4].

The Eleventh Circuit covers Florida, Georgia, and Alabama. It has long recognized a First Amendment right to gather information about what public officials do on public property, including a right to record matters of public interest ^[5]. It also said that, like all First Amendment rights, the right to record is not absolute ^[5].

The Supreme Court has not addressed the issue. Six federal appellate courts have explicitly recognized the right, which the Reporters Committee calls a growing consensus ^[4]. Check what courts in your region have held.

Notice the key words in these cases: public space, public place, public property. A lobby or hallway inside a building raises a different question. Courts answer it with the idea of a forum.

What is a forum, and why does it matter?

A forum is the type of government property where a rule applies. The validity of a recording rule depends on the forum in which it applies ^[5].

Here is how courts have sorted common places.

• Parks, streets, and sidewalks are quintessential traditional public forums, where speech protection is strongest ^[2].
• Lobbies and waiting areas in government-owned buildings are generally nonpublic forums ^[2].
• Based on the limited case law, the interior of a police department is a nonpublic forum ^[2].
• Public school classrooms are nonpublic forums during school hours ^[2].

The Eleventh Circuit used a different label in one police-lobby case: limited public forum ^[5]. Labels can vary from court to court. Do not rely on a label alone.

The government's intent for an area is the key consideration when a court classifies it ^[1]. Courts also look narrowly. If you challenge a filming restriction in a lobby, a court would likely treat the lobby itself as the forum, not the entire building ^[1].

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Where have courts upheld limits on filming?

Hoffman v. Delgado is a concrete example. The Eleventh Circuit held that a city ordinance banning recording in the police department lobby was, as alleged, reasonable and viewpoint neutral. It was therefore valid in a limited public forum ^[5].

The court also described the arrest. The photojournalist refused repeated instructions from officers to stop recording or leave the police lobby ^[5]. The court found his arrest claims failed ^[5].

Read the opinion with care. It is marked DO NOT PUBLISH on its first page ^[5]. Ask a lawyer how much weight it carries where you work.

The Student Press Law Center gives a related warning. The First Amendment will not protect you from arrest for trespass if you unreasonably disobey police orders at a news scene ^[6]. The lesson is practical. Argue about the rule later, not at the door.

Document · U.S. Court of Appeals for the Eleventh Circuit (hosted by Justia)

Hoffman v. Delgado, No. 23-13213 (11th Cir. Jan. 3, 2025) - opinion PDF

Open at cases.justia.com

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What is the rule in federal buildings?

A federal regulation, 41 CFR 102-74.420, covers photographs on Federal property ^[7]. It lets people entering in or on Federal property photograph the spaces it lists ^[7].

That permission has limits. It does not apply where security regulations, rules, orders, or directives apply. It also does not apply where a Federal court order or rule prohibits photographing ^[7].

The listed spaces include building entrances, lobbies, foyers, corridors, and auditoriums, for news purposes ^[7].

Space occupied by a tenant agency is different. Photographing it for non-commercial purposes requires the permission of the occupying agency ^[7].

The rule speaks of photographs ^[7]. Check how it applies to video, and to the specific building, before you go.

Courthouses and other places with their own rules

Courthouses often limit cameras and phones. A number of federal district courts around the country have upheld restrictions on filming, or on electronic devices generally, in courthouses ^[2].

Other government buildings and schools often have their own media-coverage guidelines ^[6]. The Student Press Law Center says this kind of property often has specific guidelines for how media coverage can be conducted there ^[6].

Ask for those guidelines before you arrive. A written policy in your hand beats a debate at the door.

Can you film at a school?

Public and private schools are not the same. Public school classrooms are nonpublic forums during school hours ^[2]. Courts have treated other areas in use during school hours, such as cafeterias and hallways between classrooms, the same way ^[2].

Private schools give you even less room. Private school officials generally have much more leeway in controlling access to their privately owned facilities ^[6].

FERPA comes up often. Do not assume it bans every photo of a student. The Department of Education says a photo or video of a student is an education record, subject to exclusions, only when it is directly related to a student and maintained by the school or someone acting for it ^[8].

The Department gives one example. A photo a parent takes at a school football game is not an education record, because the school does not maintain it or keep it on the school's behalf ^[8].

That example involves a parent, not a reporter. Ask the school for its media policy. Get legal advice on how FERPA applies to your work.

Step by step: what to do before and during

1. Find out who runs the property. Federal property has its own photography rule ^[7]. Private school officials generally have more leeway than public ones ^[6].
2. Pin down the exact area. A court would likely look at the lobby itself, not the whole building ^[1]. Know whether you stand in a lobby, a hallway, or on the sidewalk outside.
3. Ask for the media policy in writing. Buildings and schools often have specific guidelines for media coverage ^[6].
4. Do not photograph tenant-agency space in a federal building for non-commercial purposes without the occupying agency's permission ^[7].
5. Carry something that shows who you are and what you cover. You can join the National Press Association and see how a press credential can document your work. Do not count on any credential to change the rules for a space, because those rules depend on the forum ^[5].
6. If someone tells you to stop, stay calm and ask which rule applies in that area. Whether a recording rule is valid depends on the forum ^[5].
7. Do not unreasonably refuse police orders at a news scene — the First Amendment will not protect you from trespass charges if you do ^[6]. The First Amendment will not protect you from a trespass arrest if you unreasonably disobey police orders at a news scene ^[6].
8. Consider moving to a nearby sidewalk or street. Courts treat those as traditional public forums ^[2].
9. Write down names, times, and the rule they cite. Challenge the rule later, with a lawyer.

Limits, exceptions, and when to get legal help

The right to record has edges. Here are the main ones from the material above.

• The right to record is not absolute ^[5].
• The strongest protection covers officials doing their duties in a public place, subject to reasonable time, place, and manner limits ^[4].
• The federal photography rule gives way to security rules and court orders ^[7].
• A number of federal district courts have upheld limits on filming and electronic devices in courthouses ^[2].
• The Supreme Court has not addressed the issue, so check what courts in your region have held ^[4].

This guide does not cover state recording or privacy laws. Check your state's law.

Get a lawyer before you challenge a rule, if police arrest or cite you, or before you publish footage from a sensitive place such as a school. The Reporters Committee for Freedom of the Press publishes a recording guide for reporters ^[4]. Use it as a starting point, not a substitute for legal advice.

For more on documenting your work as a freelancer, read our guide to press credentials for independent reporters.

If you need legal help, the Reporters Committee for Freedom of the Press runs a Legal Hotline for journalists and media lawyers ^[9].