Kentucky Laws on Recording in Public: Rights, Limits, and Exceptions

Ordinary filming of what is openly visible from streets, parks, and other public places is legal in Kentucky, and no state law requires a permit for it. The main exceptions: secretly filming under or through someone's clothing is a crime (voyeurism, KRS 531.090), and Kentucky law bars using a drone to surveil people on private property (KRS 500.130(12)), which lets the owner or occupant sue (KRS 411.067). Audio recording follows one-party consent under KRS 526.020, so you may record any conversation you participate in. Private property owners may still limit recording on their premises.

Recording in public places in Kentucky is broadly lawful: no state statute bans ordinary public filming, and many federal appeals courts have recognized First Amendment protection for it. You can photograph, film, and record video in parks, on streets, at public events, and in the public areas of most government buildings without a permit. Audio recording adds complexity because Kentucky's eavesdropping laws under KRS 526.020 apply when you record a conversation between other people without the consent of at least one of them.

This guide covers your rights to record in public, the distinctions between public and private spaces, audio recording considerations, government meeting recording rights, and the most common situations where public recording questions arise.

Your Right to Record in Public

Constitutional Foundation

The First Amendment to the United States Constitution protects the freedom of speech and the press, which courts have interpreted to include the right to gather information through recording in public spaces. Federal appeals courts across the country have recognized that photographing and filming in public is protected expression.

The First Amendment right to record in public rests on general free speech and free press principles and has been recognized in published decisions by several federal appeals courts, including the First, Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits, and the Fourth Circuit has held that livestreaming a police traffic stop is protected speech. The Sixth Circuit, which has jurisdiction over Kentucky, has not issued a published decision squarely establishing this right. The Sixth Circuit case most often mentioned, Crawford v. Geiger, 656 F. App'x 190 (6th Cir. 2016), is unpublished and did not decide the question: the plaintiffs there alleged officers stopped them from recording, but the district court had granted summary judgment on the First Amendment claims and the appeal addressed only Fourth Amendment qualified immunity issues, so Kentucky residents rely on this persuasive authority from other circuits rather than a settled Sixth Circuit ruling.

No Permit Required

Kentucky does not require permits for personal photography or filming in public spaces. You can freely record:

• On public sidewalks, streets, and intersections
• In public parks, plazas, and green spaces
• At public monuments, memorials, and landmarks
• On public transportation platforms and stops
• At public beaches, lakes, and recreation areas along public land
• During public events, festivals, and parades

Commercial filming may require permits in certain jurisdictions. Louisville, Lexington, and other Kentucky cities have film commission offices that coordinate permits for professional productions that use public infrastructure, require road closures, or involve large crews.

Video vs. Audio Recording in Public

Video-Only Recording

Video recording without audio in public spaces is lightly regulated in Kentucky. Ordinary filming of what is openly visible from a public space is lawful, with two exceptions: secretly filming under or through someone's clothing, which can be the crime of voyeurism under KRS 531.090 when the person reasonably expects those areas not to be seen, and using a drone to surveil people on private property, which KRS 500.130(12) prohibits and KRS 411.067 makes grounds for a lawsuit (discussed below). Lawful public filming includes:

• Filming buildings, architecture, and landmarks
• Recording street scenes and public events
• Photographing people in public places
• Filming traffic, weather, and natural events
• Livestreaming public activities

Audio Recording and the Eavesdropping Law

When your recording captures audio, KRS 526.020 becomes relevant. The law makes it a felony to record a "wire or oral communication of others" without the consent of at least one party (KRS 526.010). Kentucky's statute does not define "oral communication" or expressly limit itself to private conversations.

Audio recording is generally treated as lawful when:

• You are recording your own conversations with others (one-party consent)
• You are recording public speeches, announcements, or performances
• You are recording ambient noise without targeting specific conversations between others

Audio recording may be problematic when:

• You use a directional microphone to capture a private conversation between two people who are speaking quietly
• You deliberately position recording equipment to intercept communications you are not part of
• The speakers have taken steps to keep their conversation private despite being in a public area

In practice, standard video recording in public with ambient audio capture rarely triggers legal issues. The risk arises when someone deliberately records a particular conversation between other people that they are not part of, which can carry risk even in a public place.

Recording Government Activity

Open Meetings Act (KRS 61.805-61.850)

Kentucky's Open Meetings Act is one of the strongest government transparency laws in the country. It requires that all meetings of public agencies be open to the public, with limited exceptions for closed sessions.

The Act's express recording guarantee is for the press: all agencies "shall permit news media coverage, including but not limited to recording and broadcasting" (KRS 61.840). For other members of the public, the Act allows no attendance condition beyond what is needed to keep order, but it does not separately address recording by non-media attendees, so an agency may act against recording that disrupts a meeting. Open meetings include:

• City council meetings
• County fiscal court meetings
• School board meetings
• Meetings of standing committees of the General Assembly (other legislative committees are exempt under KRS 61.810(1)(i))
• Planning and zoning commission meetings
• Public utility commission hearings
• University board of trustees meetings
• Any meeting of a body created by state or local law that exercises governmental authority

Recording in Government Buildings

You can generally record in the public areas of government buildings, including:

• State Capitol building in Frankfort
• County courthouses (public areas, not courtrooms without permission)
• City hall buildings
• Public libraries
• Department of Motor Vehicle offices
• Public schools (with certain restrictions)

Individual government buildings may have posted rules about recording. Security-sensitive areas within government buildings may restrict recording. Federal buildings have their own regulations. Post offices are an example: federal postal rules allow photography for news purposes in entrances, lobbies, foyers, and corridors, but other photographs may be taken only with the permission of the local postmaster or installation head (39 CFR 232.1(i)).

Courtroom Recording

Recording inside Kentucky courtrooms requires the court's permission. Camera and electronic media coverage of court proceedings is governed by rules of the Kentucky Supreme Court, which the Kentucky Court of Justice links from its rules page, and by the presiding judge's orders. Check both before bringing a camera. In general:

• Judges have discretion to allow or prohibit recording in their courtrooms
• Requests to record must typically be made in advance
• Certain proceedings (juvenile cases, family court matters) may have additional restrictions
• Recording that disrupts proceedings can be prohibited

Recording in Quasi-Public Spaces

Private Property Open to the Public

Businesses and private establishments that are open to the public have the right to restrict recording on their premises. This includes:

• Retail stores and shopping malls
• Restaurants and bars
• Movie theaters and entertainment venues
• Gyms and fitness centers
• Hospitals and medical facilities
• Churches and religious institutions
• Museums and galleries

If you are asked to stop recording on private property and refuse, you can be asked to leave. Remaining after being told to leave can be criminal trespass. Knowingly remaining unlawfully on any premises is third-degree trespass under KRS 511.080, a violation (a Class B misdemeanor for a repeat offense within three years or, in the disaster area, during a declared emergency). Second-degree trespass under KRS 511.070, a Class B misdemeanor (a Class A misdemeanor for a repeat offense within three years or during a declared emergency), covers remaining "in a building or upon premises as to which notice against trespass is given by fencing or other enclosure."

Recording at Public Events on Private Property

Events held on private property that are open to the public (concerts, sporting events, festivals) may have their own recording policies. Event organizers can:

• Prohibit recording as a condition of entry (printed on tickets or posted at entrances)
• Restrict certain types of recording equipment (professional cameras, tripods)
• Allow personal phone recording but prohibit commercial filming
• Eject attendees who violate recording policies

Street Photography and Kentucky Law

Your Rights as a Photographer

Kentucky has no law restricting ordinary street photography. You can photograph or film people in public spaces without their permission. There is no right to privacy in public activities conducted in view of others.

What Is Not Protected

While public photography is broadly legal, certain uses of photographs can create legal issues:

• Commercial use without consent: Using someone's likeness for commercial purposes (advertising, product promotion) without their consent may violate Kentucky's right of publicity doctrine
• Harassment through photography: If photography is part of a pattern of behavior that constitutes stalking under KRS 508.130, it could result in criminal charges
• Photographing minors: While legally permitted in public, photographing children in ways that could be construed as targeting them for inappropriate purposes may draw law enforcement attention

Recording Protests and Public Demonstrations

Legal Protections

Recording protests, marches, rallies, and other public demonstrations from a public place is not a crime under Kentucky law, and many federal appeals courts have held that the First Amendment protects recording police in public, although the Sixth Circuit, which covers Kentucky, has not decided the question. The same applies to:

• Protesters recording their own activities
• Journalists covering the event
• Bystanders documenting what they observe
• Livestreamers broadcasting in real time

Police Interaction During Protests

Because the Sixth Circuit has not recognized a First Amendment right to record police, no binding federal ruling in Kentucky spells out what officers may not do to someone recording a protest. Courts in other circuits have held that arresting or obstructing someone solely for recording police in public violates the First Amendment (for example, Glik v. Cunniffe in the First Circuit and Irizarry v. Yehia in the Tenth Circuit).

Under Riley v. California (2014), police generally need a warrant to search the contents of your phone, although they may hold the phone while they get one.

Police can issue lawful orders to move for safety or to clear a roadway. If given a lawful order to relocate, comply with the order but continue recording from the new position.

Recording at Schools and Universities

Public Schools

Kentucky public schools are government property, and the general right to record in public spaces applies with modifications:

• Parents can generally record school events (plays, concerts, sporting events) unless the school has a specific restriction
• School administrators can restrict recording during instructional time to prevent disruption
• Schools commonly bar recording in locker rooms and restrooms, and filming someone undressed there without consent is voyeurism under KRS 531.090
• Kentucky law requires every school district to ban student phone use during instructional time unless a teacher authorizes it, there is an emergency, or the device is a disability accommodation (KRS 158.165)
• FERPA governs the records a school keeps, not a parent's own recording, though schools often limit sharing images of other students

Public Universities

Kentucky's public universities (University of Kentucky, University of Louisville, Western Kentucky University, etc.) are generally open to recording in outdoor areas and publicly accessible buildings. Individual departments, classrooms, and facilities may have specific recording policies.

Drone Recording in Kentucky

FAA Regulations

Drone flight in Kentucky is governed mainly by federal Federal Aviation Administration (FAA) regulations, and Kentucky law adds a drone privacy rule (below). Key FAA requirements include:

• Recreational drones must be registered with the FAA if they weigh more than 0.55 pounds
• Commercial drone operators must hold a Remote Pilot Certificate
• Drones must fly below 400 feet in uncontrolled airspace
• Operators must maintain visual line of sight
• Flights over people are allowed only within the FAA's operations-over-people rules (14 CFR part 107, subpart D) or with a waiver
• Drones cannot fly near airports, stadiums, or other restricted airspace without authorization

State and Local Drone Restrictions

Kentucky's main state drone privacy rule is KRS 500.130(12), as amended effective June 27, 2025. A person flying a drone for business, recreation, or education may not use it to record images of privately owned property, or of the people on it, with the intent to surveil them or publish unauthorized images in violation of their reasonable expectation of privacy. People on their own property are presumed to have that expectation if they cannot be seen by someone at ground level standing where they have a legal right to be, even if they can be seen from the air.

Under KRS 411.067, the owner or occupant can sue for an injunction, actual and punitive damages, court costs, and attorney's fees, and KRS 413.2475 allows seven years to file.

A Kentucky Department of Fish and Wildlife Resources regulation, 301 KAR 3:140 (effective October 16, 2025), makes it unlawful to use an aircraft or unmanned aircraft system to fish, hunt, or take wildlife, or to harass wildlife. Local ordinances in some Kentucky cities may impose additional restrictions on drone use, particularly in parks and near public events.

Privacy Concerns With Drone Recording

A drone equipped with a camera that captures footage of people in areas where they have a reasonable expectation of privacy (fenced backyards, through windows) could potentially trigger voyeurism charges under KRS 531.090, a lawsuit under the drone privacy rule above, or other privacy claims.

More Kentucky Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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Frequently Asked Questions

Is it legal to record video in public in Kentucky?

Generally, yes. Kentucky has no law against ordinary filming of what is openly visible in public spaces, apart from secretly filming under someone's clothing (voyeurism, KRS 531.090) and drone surveillance of private property (KRS 500.130(12)). You can film on public streets, parks, sidewalks, and anywhere you have a legal right to be. Audio recording is also permitted when you are a participant in the conversation under one-party consent (KRS 526.020).

Do I need a permit to film in public in Kentucky?

No permit is required for personal photography or filming in public spaces. Commercial film productions that require road closures, use of public infrastructure, or large crews may need permits from local film commissions in cities like Louisville or Lexington.

Can I record a government meeting in Kentucky?

Yes. Kentucky's Open Meetings Act (KRS 61.805-61.850) requires most government meetings to be open to the public, allows no attendance condition other than those needed to keep order, and expressly requires agencies to permit news media recording and broadcasting (KRS 61.840). The Act does not separately address recording by other attendees, so expect an agency to stop recording that disrupts the meeting. Open meetings include city council meetings, school board meetings, county fiscal court meetings, and meetings of standing legislative committees.

Can a store owner tell me to stop recording in their business?

Yes. Private property owners, including businesses open to the public, can restrict recording on their premises. If you are asked to stop recording and refuse, you can be asked to leave. Remaining after being told to leave may result in trespassing charges.

Can I fly a drone to record video in Kentucky?

Yes, subject to FAA regulations and Kentucky's drone privacy law. Recreational drones over 0.55 pounds must be registered. Commercial operators need a Remote Pilot Certificate. Drones must fly below 400 feet and maintain visual line of sight. Kentucky law bars using a drone to record people or private property with the intent to surveil them or publish unauthorized images in violation of their reasonable expectation of privacy (KRS 500.130(12)), and the owner or occupant can sue for damages and attorney's fees (KRS 411.067).