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Georgia Laws on Recording in Public: What Is Legal (2026)

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 4 primary sources cited on this page. How we verify our legal content

Georgia Laws on Recording in Public: What Is Legal (2026)

Updates

We corrected what police can order at a protest, removed the General Assembly from the list of bodies covered by the Open Meetings Act and narrowed the nonprofit category, and clarified that trespass turns on refusing to leave, not on refusing to stop recording.

Independently fact-checked against the cited primary sources

Clarified that Georgia's eavesdropping statute, O.C.G.A. § 16-11-62(1), covers secretly overhearing or recording private conversations that originate in a private place, rather than all conversations in public.

Corrected the FAQ description of Smith v. City of Cumming to the narrower right the Eleventh Circuit actually recognized: to photograph or videotape police conduct and record matters of public interest, subject to reasonable time, manner, and place restrictions.

Repointed the Smith v. City of Cumming citation from a generic, non-loading court-directory link to the specific opinion.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the statute citation for clandestine eavesdropping on a private conversation from O.C.G.A. § 16-11-62(3) (a trespass-based provision) to § 16-11-62(1), the clandestine-recording provision.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000) - First Amendment right to record in public(courtlistener.com)
  2. O.C.G.A. § 16-11-62 - Eavesdropping and Surveillance(law.justia.com)
  3. O.C.G.A. § 16-11-66 - One-Party Consent Exception(law.justia.com)
  4. Georgia Open Meetings Act (O.C.G.A. § 50-14-1)(law.georgia.gov).gov
  5. Georgia AG FAQ on Open Government(law.georgia.gov).gov
  6. Georgia SB 539 (2022)(gov.georgia.gov).gov
  7. FERPA FAQs on Photos and Videos(studentprivacy.ed.gov).gov
  8. Georgia Open Records Act - O.C.G.A. § 50-18-70(law.justia.com)
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