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 generally must be a participant or have a participant's permission; 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 Circuit Court of Appeals, which has jurisdiction over Maine, held in Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011), that the First Amendment protects filming government officials, including police officers, doing their jobs in a public space, and that this right was clearly established. In Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), the First Circuit held that the First Amendment protects secret audio recording of police officers discharging their official duties in public spaces; it did not decide a broader challenge covering all government officials, which it ordered dismissed on ripeness grounds. Those cases concern recording officials. More generally, no Maine law bars recording what anyone can openly see from a public place, which covers:

• 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 generally cannot use a recording device to capture a private conversation between other people that you are not part of, unless a participant gave prior authority. Maine's definition of "intercept" excludes a person within the range of normal unaided hearing, and it protects only conversations spoken with a justified expectation that they would not be intercepted (15 M.R.S.A. section 709(4) and (5))
• 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 generally 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 can violate Maine's violation-of-privacy law (17-A M.R.S.A. section 511), which makes it a Class D crime to install or use any device for observing, photographing, or recording in a private place, such as a bathroom or changing room, without the consent of the people entitled to privacy there. No sexual purpose or state of undress is required.

Section 511 also reaches public places. Using a camera or other equipment to observe or record a part of someone's body that is concealed under clothing, where a reasonable person would expect it to be safe from surveillance, is a crime even on a public street.

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, as long as the recording does not interfere with the orderly conduct of the meeting. The body may set reasonable rules for recording, such as where equipment goes, so long as the rules do not defeat the public's right to record. This applies to:

• 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 does not have a general statute banning private citizens from using drones for surveillance. The state's dedicated drone statute, 25 M.R.S. section 4501 (Chapter 551, Regulation of Unmanned Aerial Vehicles), governs LAW ENFORCEMENT use of drones specifically:

• Law enforcement generally must obtain a warrant before using a drone for criminal investigative surveillance, with limited exceptions for emergencies and search-and-rescue
• Weaponizing a drone is prohibited outright
• Law enforcement cannot use a drone to surveil people who are peacefully exercising their free speech rights
• Commercial drone operators must comply with FAA Part 107 regulations
• Recreational drone operators must follow FAA safety guidelines

Private, non-law-enforcement drone surveillance of a person in a private place is not covered by a dedicated civilian drone statute. It can still be addressed through Maine's violation-of-privacy law (17-A M.R.S.A. section 511) and common-law privacy claims, the same as any other hidden-camera surveillance.

One location rule does apply to everyone. Flying a drone at or below 400 feet over a state correctional facility or county jail, or landing on or launching from its grounds, is a civil violation with a fine of at least $500, and a repeat violation is a Class D crime (17-A M.R.S. section 761). FAA authorization is not a defense.

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 recording of a specific person with the intent to harass, torment, or threaten can become criminal harassment, a Class E crime, if it continues after a police officer, sheriff, justice of the peace, or a court protective order has told the person to stop.
• 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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Frequently Asked Questions

Can I record people in public in Maine without their permission?

You can video record people in public without their permission, as people in public spaces have a reduced expectation of privacy. For audio recording of conversations, Maine one-party consent law lets you record a conversation you take part in or that a participant authorized. Using a device to secretly capture other people's private conversations, such as with a directional microphone from beyond normal earshot, is generally prohibited.

Can I record inside a store or restaurant in Maine?

Stores and restaurants are private property. The owner or manager can set policies about recording on their premises. If asked to stop recording, you must comply or leave. Refusing to leave after being asked could result in criminal trespass charges under 17-A M.R.S.A. section 402.

Can I record a public meeting in Maine?

Yes. 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 councils, school boards, and planning boards. You do not need advance permission, but your recording must not interfere with the orderly conduct of the meeting, and the body may set reasonable rules, such as where equipment goes, as long as they do not defeat the public's right to record.

Can I fly a drone and record in public spaces in Maine?

You can fly drones in most public spaces for recording, subject to FAA regulations (registration, altitude limits, line of sight). Maine does not have a specific civilian ban on drone surveillance, but a person filming someone in a private place with a drone can still be liable under the state's violation-of-privacy statute (17-A M.R.S.A. section 511) or common-law privacy claims. A separate statute, 25 M.R.S. section 4501, requires law enforcement to get a warrant before using drones for investigative surveillance. Always check for local drone ordinances and restricted airspace.

Can someone stop me from recording in a public park in Maine?

Generally no. Public parks are public spaces where recording is protected by the First Amendment, and a private person cannot make you stop. A police officer may order you to stop filming only if the officer can reasonably conclude that your recording is interfering, or is about to interfere, with the officer's duties (Gericke v. Begin, 753 F.3d 1 (1st Cir. 2014)). Officers can still give reasonable safety or positioning orders, such as telling bystanders to disperse or move back, even when those orders limit your filming. Follow the order and keep recording from where you are allowed to stand. Park rules can also require a permit for commercial filming. In addition, if your recording targets a specific person repeatedly and causes them fear or alarm, it could be charged as stalking, or as harassment if you keep going after police or a court have told you to stop.