New Jersey Laws on Recording in Public: Rights and Restrictions

In New Jersey, you can generally film and photograph what is plainly visible in public places without consent from the people you record: no state law bars it, and the Third Circuit has held that the First Amendment protects recording police doing their jobs in public. For audio, the one-party consent rule under N.J. Stat. Ann. 2A:156A-4 lets you record conversations you participate in.

New Jersey gives you wide room to record in public spaces. No state statute bars photographing or filming what is plainly visible in public, and federal courts have held that the First Amendment protects recording police officers doing their jobs in public. 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

Filming and photographing what is plainly visible in a public place is lawful in New Jersey because no state statute prohibits it. The strongest constitutional protection comes from federal case law on recording police, described below. Where that protection applies, it covers:

• All people, not just journalists or media professionals
• Any recording device, including smartphones, cameras, and body cameras (drones are also subject to FAA rules)
• Video, photography, and livestreaming

Audio is different. Recording conversations is governed by the state wiretap law, covered in the Video vs. Audio section below.

The Third Circuit Court of Appeals, which covers New Jersey, confirmed in Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017) that the First Amendment protects the public's right to photograph, film, or audio record police officers conducting official police activity in public areas, subject to reasonable time, place, and manner restrictions. That case addressed only recording police officers performing their official duties in public, and the court did not decide whether the same right covers recording other people or events. In January 2025, the New Jersey Supreme Court ruled in Fuster v. Township of Chatham (N.J. Jan. 21, 2025), that OPRA does not automatically exempt police body-worn camera footage from disclosure to a father who had reported possible abuse of his child and requested footage of his own recorded statement, just because it contains information about a person who was never arrested or charged.

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

The OPMA itself requires open meetings and minutes; it does not create a recording right or require public bodies to record their own meetings. The right to record comes from case law: in Tarus v. Borough of Pine Hill (2007), the New Jersey Supreme Court held that the public has a common-law right to videotape municipal council meetings, subject to reasonable restrictions set by the public body. Within those limits, you can generally:

• 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 may adopt reasonable rules on how recording is done, such as where cameras go and keeping aisles clear. In Tarus, the Court found that the borough violated the right by imposing arbitrary and unreasonable restrictions that kept the plaintiff from videotaping.

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 police at a public protest is protected First Amendment activity under Fields, but the right is subject to reasonable time, place, and manner restrictions. Officers generally cannot order you to stop recording just because you are recording, but they can give lawful orders to move back or disperse, and you can be arrested for trespassing, obstructing, or interfering. Keep a safe distance and keep recording while you follow lawful orders.

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. Recording what happens in public view at these events is generally lawful, though organizers can set rules for ticketed or enclosed areas. 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 many government buildings (lobbies, hallways) can often be recorded, subject to the building's own rules; courthouses are stricter (see below)
• Restricted areas (behind security checkpoints, judges' chambers, secure offices) typically prohibit recording
• Courtrooms require the court's permission, normally requested in writing, before anyone records a proceeding

Recording in New Jersey courts is governed by the Supreme Court's Guidelines on Media Access and Electronic Devices in the New Jersey Courts (Directive #06-24, July 22, 2024). Anyone who wants to photograph, record, or broadcast a court proceeding, in person or virtual, must ask the court in writing and get approval; if time constraints make a prior written request impracticable, the court may entertain an oral request. In a courthouse's common areas you may use a phone, but not to record court proceedings or court business.

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. Recording someone's undergarment-clad intimate parts without consent (upskirting) is a crime of the fourth degree, the same tier as mere observation without recording. Recording someone's actually exposed intimate parts or sexual activity without consent is a more serious crime of the third degree.

Recording for Criminal Purpose

Under the wiretapping statute, the one-party exception does not apply when a conversation is intercepted or used "for the purpose of committing any criminal or tortious act" or "any other injurious act." If you record a conversation to use it for blackmail, extortion, or another injurious purpose, the audio recording loses that protection. This rule covers audio of conversations; silent video is not governed by the wiretap law.

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

Back to New Jersey Recording Laws

More New Jersey Recording Topics

• New Jersey Biometric Privacy Laws
• Surveillance Camera Laws

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• New Jersey GPS Tracking Laws
• New Jersey Police Bodycam Laws
• New Jersey Smart Glasses Recording Laws

Frequently Asked Questions

Can I film people in public in New Jersey without their consent?

Yes. No New Jersey law prohibits photographing or video recording what is plainly visible in public places, so you do not need consent from people who are visible in public spaces. However, using someone's likeness for commercial purposes may require their consent.

Can I record a city council meeting in New Jersey?

Yes. The Open Public Meetings Act requires council meetings to be open, and in Tarus v. Borough of Pine Hill (2007) the New Jersey Supreme Court held that the public has a common-law right to videotape municipal council meetings. The council can set reasonable restrictions, such as where cameras may be placed, but not arbitrary ones that keep you from recording.

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

Yes. Businesses are private property and can set their own recording policies. An employee can ask you to stop recording and ask you to leave if you refuse. However, they cannot physically take your device or force you to delete recordings.

Is it legal to livestream in public in New Jersey?

Yes. No New Jersey law bars livestreaming what is plainly visible from a public place, and the Third Circuit has held that the First Amendment protects recording police in public. You can livestream events, protests, street scenes, and other activities visible from public property. The same rules that apply to recording also apply to livestreaming.

Can recording someone in public ever be illegal in New Jersey?

Yes, in limited circumstances. Recording someone repeatedly with the purpose of harassing or alarming them can violate New Jersey's harassment statute. Recording under someone's clothing violates the invasion of privacy law. Recording audio of private conversations you are not part of may violate the wiretapping statute.