One-Party Consent States: Recording Calls as a Journalist
By The National Press Association editorial team · Last reviewed:
Federal law lets you record a call if you are a party to it or one party consents. But about 11 states primarily require every party to agree, and some split phone and in-person rules. If a call crosses state lines, assume the stricter rule applies. Asking permission satisfies every state.
Key takeaways
- Federal law needs the consent of one party, and you can be that party.
- About 11 states primarily require all parties to consent, and some treat phone calls differently from in-person talks.
- On a call that crosses state lines, assume the stricter state rule applies.
- Asking permission and getting it on the recording is the cleanest way to record a source.
- Broadcasters must tell the other party before recording a call for broadcast.
What does federal law say about recording calls?
The Reporters Committee for Freedom of the Press says federal law requires the consent of at least one party before in-person, telephone or electronic conversations are recorded [1]. That is only the starting point.
The federal Wiretap Act says a private person does not violate it by intercepting a communication if that person is a party to it [2]. The same is true if one of the parties gave prior consent [2].
You are a party to your own call. That is why a one-party rule usually lets you record it [2].
There are limits. The federal one-party exception does not apply if the recording is made to commit a criminal or tortious act that violates federal or state law [2].
The statute also bars intentionally disclosing the contents of a communication when you know, or have reason to know, it was obtained through an interception [2].
The FCC says it has no rules on recording phone calls by individuals. It adds that some state laws prohibit the practice [3].
What is the difference between one-party and all-party consent?
Under the federal rule, one party's consent is enough. You can be that party [2].
The Reporters Committee says about 11 states primarily require all-party consent for recording [1]. In those states, everyone on the call must agree before you record [1].
The labels are shorthand. What matters is the actual law of the state or states your call touches.
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Which states require everyone to consent?
State rules vary, and this guide cannot list them all. The examples below come from the Reporters Committee's state chapters.
California: All parties to a confidential conversation must consent to be recorded [4]. For calls on cellular or cordless phones, all parties must consent whether or not the call was confidential [4].
Florida: It is illegal to record or intercept a telephone conversation without the consent of all parties [5].
Pennsylvania: It is unlawful to record or intercept a telephone or electronic communication without first getting the consent of all participants [6]. The state's Supreme Court has held that parties to emails, chats or text messages may record those conversations without the other parties' consent [6].
Texas: The consent of at least one party to a telephone conversation is required to record it [7].
Some states split the rule by type of conversation. The Reporters Committee says Connecticut and Nevada require all parties' consent for phone calls but only one party's consent for in-person conversations [1]. Do not assume your state treats a call and a face-to-face talk the same way.
Document · Reporters Committee for Freedom of the Press
Reporter's Recording Guide (state-by-state index)
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Check the update date on each state chapter before you rely on it.
What if the call crosses state lines?
This is where many reporters get caught. The Reporters Committee says that when participants are in different states, you should assume the stricter state law applies [1].
The Student Press Law Center gives the same advice. If you are in a one-party state and your source is in an all-party state, the safest assumption is that the stricter rule applies [8].
Courts do not agree on which state's law governs. Some look to where the recording device is located. Others look to where the person being recorded is located [1].
Because the answer is unsettled, you cannot count on the friendlier law. Plan for the stricter one.
Does a visible recorder or a warning count as consent?
Often, yes. The Reporters Committee says it is generally legal to record a face-to-face interview when your recorder or camera is in plain view [1]. It also says it is generally legal to record any type of conversation when the parties are warned and keep talking [1].
Even so, it calls recording the subject's verbal consent a best practice [1]. That puts proof on tape.
The simplest route is to ask. The Student Press Law Center says asking a source for permission satisfies the consent requirements in every state [8].
Some sources want to know who you are before they agree to be recorded. You can see how a press credential can document your work. It does not change the consent rules above.
Privacy also matters. Even in all-party states, recording laws generally protect only conversations where people have a reasonable expectation of privacy [8]. Do not treat that as a loophole for a call you place to someone's private line.
Legal consent and ethics are separate questions. Your newsroom's ethics policy may still require you to tell people you are recording [8].
Do broadcasters have extra rules?
Yes. The Reporters Committee says the FCC's Telephone Broadcast Rule prohibits a broadcaster from recording a phone call for broadcast, or airing one live, without first giving the other party notice [1].
The rule itself says a licensee must inform any party to the call of its intention to broadcast the conversation [9]. That duty applies before recording for broadcast or going live [9].
The rule has an exception, so read the text of 47 CFR 73.1206 if this applies to you [9]. If you are unsure whether your outlet holds a broadcast license, ask your editor or a media lawyer.
What is at stake if you get it wrong?
Penalties depend on the state. In Texas, the Reporters Committee reports that illegally recording an in-person, telephone or electronic conversation is a felony [7].
The FCC notes that illegal wiretapping is regulated by both federal and state governments [3]. Check your own state's law for the penalties that apply to you.
Publishing carries its own risk. The Reporters Committee says most states also prohibit publishing an illegal recording [10].
Can you publish a recording someone else made?
Sometimes, but the rules are narrow. The Reporters Committee says the U.S. Supreme Court has held that the First Amendment protects disclosing an illegally made recording under certain conditions [10].
Those conditions are that the recording contains truthful information of public concern and the journalist played no part in the illegal interception [10].
Both conditions matter. If you helped make the recording, that protection may not reach you [10].
The federal statute also separately prohibits intentionally disclosing the contents of an intercepted communication when you know or have reason to know how it was obtained [2]. Talk to a lawyer before you publish a recording of unclear origin.
Step-by-step: how to record a source call lawfully and ethically
- Find out where everyone on the call is. If you cannot tell, treat it as a call across state lines [1].
- Assume the stricter state rule applies [8].
- Ask permission before you start recording. Asking satisfies the consent requirements in every state [8].
- Say it plainly: "I would like to record this call for my story. Is that all right?" Then get the answer on the recording. The Reporters Committee calls recorded verbal consent a best practice [1].
- If you work for a broadcaster and plan to air the call, tell the other party first [9].
- Check your newsroom's ethics policy. It may require you to tell people you are recording even where the law does not [8].
- Record to report the story, not to commit a crime or a tort. The federal one-party exception does not cover that [2].
Keep the steps in order. Consent comes before the interview starts, not after.
Limits, exceptions and when to get a lawyer
This guide is general information, not legal advice. Several points can change the answer for your situation.
- Federal law sets a one-party rule, but a recording made to commit a crime or tort falls outside it [2].
- States differ, and some split phone and in-person rules [1].
- Courts disagree on which state's law governs a call across state lines [1].
- Publishing can create separate legal risk [10].
Get a media lawyer before you record or publish if any of these apply:
- Your source is in an all-party state.
- You do not know where your source is.
- You are dealing with a recording you did not make.
- You plan to broadcast the call.
Where to check your state
Start with the Reporters Committee's state-by-state recording guide, shown above. Read your state's chapter and the chapters for any state where your source may be.
If you report independently, you can join the National Press Association. Membership does not change the consent rules. Your state's law does.
Keep a short checklist near your recorder and run through it before every call.
If you need legal help, the Reporters Committee for Freedom of the Press runs a Legal Hotline for journalists and media lawyers [11].
Frequently asked questions
Is it legal for a journalist to record a phone call without telling the other person?
It depends on the state. Federal law needs the consent of one party, and you can be that party. But some states require everyone on the call to consent. Asking permission satisfies the consent rules in every state, so ask first.
Which states require all parties to consent to a recorded call?
The Reporters Committee says about 11 states primarily require all-party consent. California, Florida and Pennsylvania are examples for phone calls. Connecticut and Nevada require all-party consent for calls but not in-person talks. Check your state's chapter in the Reporters Committee guide.
What law applies if I am in a one-party state and my source is in an all-party state?
Courts disagree. Some look to where the recording device is, others to where the person being recorded is. The safest assumption is that the stricter rule applies, so get consent from everyone on the call.
Do I need permission to record an interview if my recorder is in plain view?
A visible recorder in a face-to-face interview is generally treated as legal, because consent is presumed. Still, it is a best practice to record the person's verbal consent. Your newsroom's ethics policy may also require you to say you are recording.
Do broadcasters have extra rules for recording phone calls?
Yes. An FCC rule says a broadcast licensee must tell the other party before recording a call for broadcast or airing one live. The rule has an exception, so read 47 CFR 73.1206 or ask a media lawyer if it applies to you.
Can I publish a recording someone else made illegally?
Sometimes. The Supreme Court has held the First Amendment protects disclosure under certain conditions: the recording has truthful information of public concern and you played no part in the illegal interception. But 38 states prohibit publishing illegal recordings, so talk to a lawyer first.
Answers restate the sourced facts on this page.
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The National Press Association credential is a private association credential. It is not government-issued, it does not give you legal rights, and it does not guarantee access to any event, venue, or agency. It can serve as identity verification and supporting documentation alongside your published work. It is free to apply.
Sources
- Reporter's Recording Guide: Introduction, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited, Legal Information Institute, Cornell Law School (text of U.S. Code) (primary source; retrieved October 24, 2026)
- Recording Telephone Conversations (FCC Consumer Guide), Federal Communications Commission (primary source; retrieved October 24, 2026)
- Reporter's Recording Guide: California, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Reporter's Recording Guide: Florida, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Reporter's Recording Guide: Pennsylvania, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Reporter's Recording Guide: Texas, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Here's what state laws actually say about recording politicians, Student Press Law Center (secondary source; retrieved October 24, 2026)
- 47 CFR § 73.1206 - Broadcast of telephone conversations, Legal Information Institute, Cornell Law School (text of eCFR) (primary source; retrieved October 24, 2026)
- Reporting on Information Illegally Obtained by Third Parties, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Reporters Committee Legal Hotline, Reporters Committee for Freedom of the Press (primary source; retrieved October 24, 2026)
The starter URL (rcfp.org/reporters-guide-to-recording-laws/) returns 'Page not found'; the live RCFP guide is at /reporters-recording-guide/ and its introduction at /introduction-to-reporters-recording-guide/ (used instead). Primary sources: federal statute text (18 USC 2511), FCC regulation (47 CFR 73.1206) and an FCC consumer guide. Per-state statutes were read only through RCFP state chapters (secondary); state statute texts were not opened.
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