New Jersey Laws on Recording in Public: Rights and Restrictions

New Jersey broadly protects your right to record in public spaces. The First Amendment to the United States Constitution guarantees the right to photograph, film, and record in areas open to public view. Combined with the state's one-party consent law under N.J. Stat. Ann. 2A:156A-4, New Jersey residents have significant freedom to document events, interactions, and activities in public.

This guide explains what you can and cannot record in public in New Jersey, including the rules for filming in streets, parks, government buildings, businesses, and at public events.

Your Right to Record in Public

The First Amendment Foundation

The First Amendment protects your right to gather information in public places. Courts have consistently held that recording what is plainly visible in public is a form of protected expression. This right applies to:

• All people, not just journalists or media professionals
• All recording devices, including smartphones, cameras, body cameras, and drones
• All forms of media, including video, photography, audio, and livestreaming

The Third Circuit Court of Appeals, which covers New Jersey, confirmed in Fields v. City of Philadelphia (2017) that the First Amendment protects the right to record in public spaces. While that case specifically addressed recording police, the principle extends to recording any person or event in a public setting.

What You Can Record in Public

In public places throughout New Jersey, you can legally:

• Film people on streets, sidewalks, and in parks without their consent
• Photograph buildings, landscapes, and public art from public property
• Record public protests, rallies, and demonstrations
• Film traffic accidents, fires, and other emergencies from a safe distance
• Livestream public events on social media platforms
• Record government officials performing their duties in public
• Take photos and video in public transportation areas (subject to transit authority rules)
• Film from your own property anything visible from your vantage point

Video vs. Audio in Public

An important distinction in New Jersey law is the difference between video recording and audio recording in public:

Video only (no audio): Generally unrestricted in public places. The wiretapping statute governs "oral communications," "wire communications," and "electronic communications." Pure video without audio does not intercept any of these. You can freely video record in public without concern for the wiretapping law.

Audio recording: Subject to the wiretapping statute. Under the one-party consent rule, you can audio record conversations you are part of. However, recording audio of private conversations between other people that you are not participating in may violate N.J. Stat. Ann. 2A:156A-3 if those people have a reasonable expectation of privacy in their conversation.

The practical test: Conversations conducted at normal volume in crowded public areas typically lack a reasonable expectation of privacy. Conversations whispered in a secluded corner of a public park may have a greater privacy expectation. Context determines the analysis.

Recording Government Meetings and Proceedings

The Open Public Meetings Act

New Jersey's Open Public Meetings Act (OPMA) (N.J.S.A. 10:4-6 et seq.) guarantees that the public can "witness in full detail all phases of the deliberation, policy formulation and decision making" of public bodies. The law applies to:

• Municipal governing bodies (city councils, town committees)
• County freeholder/commissioner boards
• School boards and education committees
• State legislative committees
• Planning boards and zoning boards
• Public authorities and commissions
• Any multi-member body of a public agency created by law

Your Right to Record Government Meetings

Under the OPMA, you have the right to record any public portion of a government meeting. Public bodies that possess functioning sound recording equipment must record public sessions themselves. You can also:

• Video record the entire public session
• Audio record all public proceedings
• Livestream the meeting on social media
• Take photographs during the meeting

A public body cannot ban recording of its public sessions. It may set reasonable time, place, and manner restrictions (such as requiring that tripods not block aisles), but it cannot prohibit recording altogether.

Closed Sessions

The OPMA allows public bodies to go into closed (executive) session to discuss specific topics such as personnel matters, pending litigation, contract negotiations, and matters that could endanger public safety. You generally cannot record closed sessions unless the public body grants permission.

Recording at Public Events

Protests and Demonstrations

New Jersey protects your right to record protests and demonstrations in public spaces. This includes:

• Recording the demonstrators and their activities
• Filming police presence and actions at the event
• Livestreaming the event on social media
• Photographing signs, banners, and materials displayed publicly

Recording public protests is a protected First Amendment activity. Law enforcement cannot order you to stop recording a protest unless you are trespassing, obstructing traffic, or violating other laws unrelated to the act of recording.

Sporting Events and Concerts

Public sporting events and concerts held in public spaces can be recorded by attendees. However, when these events are held on private property (stadiums, arenas, convention centers), the venue owner sets the recording rules. Many venues prohibit professional recording equipment but allow personal smartphone recording.

Festivals and Street Fairs

Public festivals, parades, and street fairs held on public streets are open to recording. Organizers cannot prevent you from recording the public aspects of the event. However, if the event includes private areas (such as backstage or VIP sections), recording in those areas requires permission.

Recording on Private Property Open to the Public

Stores, Malls, and Restaurants

Businesses are private property, even when open to the public. Property owners and managers have the right to:

• Set recording policies for their premises
• Ask you to stop recording inside their business
• Ask you to leave if you refuse to stop recording
• Call police for trespassing if you refuse to leave after being asked

However, businesses cannot:

• Physically confiscate your recording device
• Force you to delete recordings already made
• Assault or detain you for recording (this could give rise to civil claims)

If a store employee asks you to stop recording and you refuse, the most they can do legally is ask you to leave. If you refuse to leave, you could be charged with trespassing.

Government Buildings Open to the Public

Government buildings present a unique situation. As a general rule:

• Public areas of government buildings (lobbies, hallways, courtrooms during public proceedings) can be recorded
• Restricted areas (behind security checkpoints, judges' chambers, secure offices) typically prohibit recording
• Courtrooms follow rules set by the presiding judge; New Jersey courts generally restrict cameras during active proceedings, although the Supreme Court has authorized some electronic coverage of court proceedings

The New Jersey Judiciary's policy on cameras in the courtroom is governed by Rule 1:14 of the Rules of General Application. Cameras may be permitted in some proceedings with the court's approval.

Photography and Public Recording Rights

Street Photography

Street photography is legal in New Jersey. When you are in a public place, you can photograph anyone and anything visible to you. Key principles:

• No consent required: You do not need permission to photograph people in public
• No release required: For personal or editorial use, you do not need a model release
• Commercial use: If you use someone's likeness for commercial purposes (advertising, product promotion), you may need their consent under New Jersey's right of publicity law
• Children in public: Photographing children in public is legal, though it may attract attention; the legality does not change based on the subject's age

Drones and Aerial Recording

Drone recording in New Jersey is subject to both state and federal law:

• The Federal Aviation Administration (FAA) regulates drone operations through 14 CFR Part 107
• New Jersey has additional restrictions on drone use near airports, prisons, and critical infrastructure
• Local municipalities may have their own drone ordinances
• Recording from a drone in a public area is generally legal for the video component
• If a drone records audio of private conversations, the wiretapping statute applies

Recording from Your Own Property

You can record anything visible from your own property. This includes filming:

• Activity on public streets and sidewalks adjacent to your home
• Events in public parks visible from your yard
• Construction or demolition on neighboring public land
• Traffic and pedestrian activity on your street

However, using zoom lenses or other technology to peer into a neighbor's private areas that are not visible to the naked eye may cross into invasion of privacy territory.

When Public Recording Becomes Illegal

Harassment and Stalking

Recording someone in public can become illegal when it constitutes harassment or stalking. Under New Jersey's harassment statute (N.J. Stat. Ann. 2C:33-4), repeatedly recording someone with the purpose of alarming or seriously annoying them could be charged as a petty disorderly persons offense.

Under the stalking statute (N.J. Stat. Ann. 2C:12-10), repeatedly following and recording someone in a way that would cause a reasonable person to fear for their safety could constitute stalking, which is a crime of the fourth degree or higher depending on the circumstances.

Upskirting and Hidden Camera Offenses

Recording under someone's clothing or in a way designed to capture intimate areas without consent is illegal under N.J. Stat. Ann. 2C:14-9, even in public spaces. This is a crime of the fourth degree.

Recording for Criminal Purpose

Under the wiretapping statute, even recordings that would otherwise be legal lose protection if made "for the purpose of committing any criminal or tortious act." If you record in public with the intent to use the recording for blackmail, extortion, or another crime, the recording itself becomes illegal.

New Jersey Recording Laws by Topic

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

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