Maine Laws on Recording in Public: Your Complete Guide (2026)

Maine permits recording in public spaces under the First Amendment and its one-party consent law (15 M.R.S.A. section 710). You may photograph and video record freely in public. To audio record a conversation, you must be a participant; no notice to others is required.

Recording in public spaces in Maine is broadly protected by the First Amendment and state law. Whether you are documenting a public event, recording a street interaction, or capturing content for social media, understanding the legal boundaries helps you exercise your rights while respecting others' privacy.

This guide covers when and where you can legally record in public in Maine, the limits that apply even in public settings, and how public recordings are treated as evidence.

Your Right to Record in Public

First Amendment Protection

The First Amendment to the U.S. Constitution protects the right to record in public spaces. The First Circuit Court of Appeals, which has jurisdiction over Maine, confirmed this right in Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). In Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), the First Circuit extended this protection to secret audio recording of public officials performing their duties in public spaces -- giving Maine the strongest First Amendment recording posture in the country. This protection extends to:

• Photographing and video recording on public streets and sidewalks
• Recording in parks, plazas, and other public areas
• Documenting government buildings and activities visible from public spaces
• Recording protests, demonstrations, and public events
• Filming police officers, government officials, and public employees performing their duties

Maine One-Party Consent

Maine's one-party consent law (15 M.R.S.A. section 709 and section 710) governs the audio recording component. Under this framework:

• You can audio record conversations you participate in without informing others
• You cannot record private conversations between other people that you are not part of
• Video recording without audio in public does not require consent from anyone

The Distinction Between Video and Audio

An important legal distinction exists between video and audio recording in public:

• Video recording (without audio) in public spaces is generally unrestricted. People in public have a reduced expectation of privacy regarding their appearance and actions.
• Audio recording of conversations is governed by one-party consent. You must be a party to any conversation you record, or have consent from at least one party.

This means you can freely video record a busy street scene, but you cannot use a directional microphone to capture a private conversation between two strangers at a distance.

Where You Can Record in Maine

Public Streets and Sidewalks

Public streets, sidewalks, and roads are the most clearly protected recording locations. You can:

• Film traffic, pedestrians, and street activity
• Record interactions with people who approach you
• Photograph buildings, businesses, and landmarks from the sidewalk
• Use tripods, professional cameras, and other equipment on public sidewalks (subject to local permit requirements for commercial filming)

Public Parks and Outdoor Spaces

Maine's public parks, beaches, trails, and outdoor recreation areas are open for recording. This includes:

• State parks managed by the Maine Bureau of Parks and Lands
• Municipal parks and recreation areas
• Public beaches along Maine's coast
• Public hiking trails and nature areas

Some parks may have specific rules about commercial photography requiring permits, but personal recording is generally unrestricted.

Government Buildings

You can record the exterior of government buildings from public spaces. Recording inside government buildings varies:

• Open areas (lobbies, hallways, public meeting rooms) are generally open to recording
• Restricted areas (courtrooms during proceedings, secure areas, offices) may have specific rules
• Maine courtrooms follow rules set by individual judges regarding recording

Public Transportation

Recording on public transportation in Maine (buses, ferries, and transit facilities) is generally permitted. Public transit is considered a public space where riders have limited privacy expectations. However, transit authorities may post policies restricting certain types of recording.

Where Recording Is Restricted

Private Property

Private property owners in Maine can restrict recording on their premises. This includes:

• Retail stores and shopping centers
• Restaurants, bars, and entertainment venues
• Private offices and businesses
• Residential property
• Private schools and universities

If a property owner or manager asks you to stop recording and you refuse, you could be asked to leave. Remaining after being asked to leave could result in criminal trespass charges under 17-A M.R.S.A. section 402.

Areas with Privacy Expectations

Even in otherwise public buildings, some areas carry a reasonable expectation of privacy:

• Public restrooms
• Changing rooms and fitting rooms
• Medical facilities (examination areas)
• Locker rooms at public gyms and pools

Recording in these areas could violate Maine's voyeurism law (17-A M.R.S.A. section 511), which prohibits placing a camera in a location where a person expects privacy for the purpose of observing them in a state of undress or engaged in sexual activity.

Near Schools

Recording near schools is legal from public spaces, but certain behaviors could raise concerns:

• Repeatedly filming children at a school could draw law enforcement attention
• School administrators can restrict recording on school property
• Drone recording near schools may violate FAA regulations and local ordinances

Recording Public Officials and Events

Government Meetings

Maine's Freedom of Access Act (1 M.R.S.A. section 404) ensures public access to government meetings. Public bodies cannot prohibit recording at open meetings, including:

• Town council and selectboard meetings
• County commission meetings
• School board meetings
• Planning and zoning board hearings
• Legislative committee hearings

Public Events and Festivals

Events held in public spaces are generally open to recording. This includes:

• Parades, festivals, and fairs
• Outdoor concerts in public parks
• Farmers markets and community events
• Sporting events in public facilities

Private events held in public spaces (such as a permitted private wedding in a public park) may have limited recording restrictions within the event area, but you can still record from public spaces outside the event boundaries.

Drone Recording in Maine

Maine Drone Laws

Maine has enacted drone regulations that affect aerial recording. 14 M.R.S.A. section 8001 and related provisions address drone use, including:

• Drones cannot be used for surveillance of a person in a private place
• Law enforcement must obtain a warrant to use drones for surveillance
• Commercial drone operators must comply with FAA Part 107 regulations
• Recreational drone operators must follow FAA safety guidelines

FAA Regulations

The Federal Aviation Administration (FAA) requires drone operators to:

• Register drones weighing over 0.55 pounds
• Fly below 400 feet in uncontrolled airspace
• Maintain visual line of sight
• Not fly over people or moving vehicles (with certain Part 107 waivers)
• Avoid restricted airspace near airports and other sensitive areas

Public Recordings as Evidence

Admissibility in Court

Public recordings made legally are admissible in Maine courts when properly authenticated. The offering party must show:

• The recording is genuine and unaltered
• The content is relevant to the case
• The recording accurately depicts the events captured
• For audio, one-party consent was satisfied

Common Uses

Public recordings are used as evidence in:

• Personal injury and accident cases
• Criminal prosecutions (assaults, thefts, traffic offenses)
• Civil rights violations
• Workplace disputes
• Insurance claims

Harassment and Stalking Concerns

When Recording Crosses the Line

While recording in public is generally legal, certain patterns of recording behavior can constitute harassment or stalking under Maine law:

• Harassment (17-A M.R.S.A. section 506-A): Repeated or sustained recording of a specific person with the intent to harass, torment, or threaten could constitute criminal harassment.
• Stalking (17-A M.R.S.A. section 210-A): Repeatedly following and recording someone in a manner that causes fear for their safety could be charged as stalking.
• Protection orders: A person subject to a protection order who records the protected person could violate the order's terms.

Social Media and Public Recordings

Posting public recordings on social media is generally legal, but consider:

• Recordings of children may raise concerns even if legally captured
• Recordings shared with intent to harass could support a harassment claim
• Commercial use of someone's likeness may require consent under right of publicity principles

More Maine Recording Laws

Audio Recording | Video Recording | Voyeurism Laws | 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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