New Mexico Public Recording Laws: Filming Rights in Public Spaces (2026)

New Mexico broadly protects your right to record in public. The state has no law that prohibits photography, video recording, or audio recording in public spaces. The wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications, leaving in-person audio in public spaces entirely unregulated. The First Amendment provides additional constitutional protection for recording activity in public.

This guide explains your public recording rights in New Mexico, including filming on streets and sidewalks, recording at government meetings, filming on private property open to the public, and the limits that apply.

First Amendment Recording Rights

The Constitutional Foundation

The First Amendment protects the right to gather information in public spaces, which includes recording through photography, video, and audio. Federal courts have consistently recognized that recording in public is a form of protected expression and newsgathering.

The Tenth Circuit Court of Appeals, which has jurisdiction over New Mexico, confirmed in Irizarry v. Yehia (2022) that there is a First Amendment right to film in public. While that case specifically addressed recording police officers, the underlying principle extends to all public recording.

What You Can Record in Public

In public spaces in New Mexico, you can record:

• People walking on streets and sidewalks
• Buildings, monuments, and public art
• Traffic, vehicles, and street activity
• Public protests, rallies, and demonstrations
• Street performers and public events
• Government buildings (exterior and open-access interior areas)
• Police officers performing their duties
• Anything visible from a public vantage point

Limits on Public Recording

Public recording rights are broad but not absolute:

• You cannot block pedestrian or vehicle traffic while recording
• You cannot trespass on private property to record
• You cannot use recording to facilitate another crime (stalking, harassment)
• Certain government facilities may restrict recording in secure areas
• Court rules may prohibit recording during judicial proceedings

Recording at Government Meetings

The Open Meetings Act

New Mexico's Open Meetings Act (N.M. Stat. Ann. § 10-15-1) requires that meetings of public bodies be open to the public and that "reasonable efforts shall be made to accommodate the use of audio and video recording devices."

This means you can bring recording equipment to:

• City council meetings
• County commission meetings
• School board meetings
• State legislative sessions and committee meetings
• Public hearings
• Meetings of any quorum of a public policymaking body
• Special district board meetings (water, fire, hospital)

What Qualifies as a "Meeting"

Under the Open Meetings Act, a "meeting" includes any gathering of a quorum of members of a public body at which they discuss or act on public business. This covers formal sessions, work sessions, retreats, and informal gatherings where a quorum is present and public business is discussed.

Closed Sessions

Public bodies can close portions of meetings for specific purposes:

• Attorney-client privileged discussions
• Personnel matters involving specific individuals
• Real estate acquisition or disposal negotiations
• Labor negotiations
• Matters subject to the attorney-client privilege

Recording is not permitted during properly closed sessions. However, the public body must vote in open session to close the meeting and state the specific reason.

Enforcement

If a public body violates the Open Meetings Act by refusing to allow recording or holding secret meetings, any person may bring an action in district court under N.M. Stat. Ann. § 10-15-3. The New Mexico Attorney General's office also provides guidance and enforcement support for Open Meetings Act violations.

Recording in Government Buildings

General Access Areas

Areas of government buildings open to the public, such as lobbies, hallways, and service counters, are generally available for recording. You can record:

• Interactions with government employees at service counters
• Conversations you participate in with government officials
• Public areas of courthouses (outside courtrooms)
• Public areas of police stations
• Motor vehicle offices, tax offices, and licensing offices

Restricted Areas

Some government areas may restrict recording:

• Courtrooms during proceedings (subject to court rules and judge's discretion)
• Secure areas of law enforcement facilities (booking areas, holding cells)
• Restricted areas of federal buildings and military installations
• Juvenile court proceedings are typically closed to the public

Recording on Private Property Open to the Public

The General Rule

Private property that is open to the public, such as shopping malls, restaurants, stores, and entertainment venues, presents a middle ground. While you are lawfully on the premises, you can generally record. However, the property owner or manager has the right to:

• Ask you to stop recording
• Ask you to leave the premises
• Call law enforcement if you refuse to leave (trespass)

Until you are asked to stop, recording on private property open to the public is generally not a crime in New Mexico.

Common Scenarios

• Recording in a store: Legal until the store manager asks you to stop
• Recording in a restaurant: Legal in the dining area; staff may ask you to stop
• Recording in a movie theater: Prohibited by federal law if recording the movie itself
• Recording in a hospital waiting room: Legal, but staff may restrict recording near patient care areas

Audio Recording in Public Spaces

No Consent Required for In-Person Audio

Because New Mexico's wiretapping statute covers only telephone and wire communications, in-person audio recording in public spaces requires no consent from anyone. You can:

• Record conversations you participate in
• Record conversations happening in public that you are not part of
• Capture ambient audio while video recording
• Use wearable recording devices with audio capability

This makes New Mexico one of the most permissive states for public audio recording. The primary limitations come from harassment and stalking laws rather than wiretapping restrictions.

When Public Audio Recording Becomes Problematic

Even though the wiretap statute does not apply, recording audio in public can cross legal lines if:

• It constitutes stalking or harassment under New Mexico law
• It is used to intimidate or threaten someone
• It captures audio in areas with a reasonable expectation of privacy (public restrooms, doctor's offices)
• It is part of a pattern of surveillance targeting a specific individual

Recording Public Events

Festivals, Parades, and Public Gatherings

Public events held on public property or in public spaces can be freely recorded. This includes parades, festivals, farmer's markets, concerts in public parks, and community gatherings. Event organizers on public property cannot prohibit recording.

Private Events in Public-Adjacent Spaces

Events held on private property, even if visible from public spaces, may have different rules. The event organizer can set recording policies on their private property. However, you can still record anything visible and audible from a public vantage point.

Sporting Events

Professional and collegiate sporting events typically have ticket terms that restrict recording. These restrictions are enforceable as conditions of entry on private property. Public high school sporting events held on public school property may have different rules based on school district policies.

More New Mexico Recording Laws

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

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