Wisconsin Laws on Recording in Public: Filming, Photography, and Privacy (2026)

Recording in public places in Wisconsin is legal. The First Amendment protects your right to photograph, film, and audio record on streets, sidewalks, parks, and other public spaces. Audio recording of conversations you join is generally lawful under the one-party consent rule in Wis. Stat. 968.31, unless you record for the purpose of committing a crime, a tort, or another injurious act.

Public recording in Wisconsin is broadly protected by the First Amendment and supported by state law. You have the right to photograph, video record, and audio record in public spaces where no reasonable expectation of privacy exists. This right extends to filming government buildings, recording public protests, photographing police activity, and documenting anything visible from a public area.

This guide explains the scope of your public recording rights in Wisconsin, the limitations that apply, and how to handle situations where someone challenges your right to film.

The First Amendment and Public Recording

Constitutional Foundation

The right to record in public is grounded in the First Amendment to the U.S. Constitution, which protects freedom of speech, freedom of the press, and the right to gather information about matters of public interest. Federal courts, including the Seventh Circuit Court of Appeals that covers Wisconsin, have recognized that recording is a form of protected expression.

This protection applies to everyone, not just journalists. Ordinary citizens, bloggers, social media creators, and activists all share the same right to record in public spaces.

What Is a "Public Space"?

A public space, for recording purposes, is any area where people do not have a reasonable expectation of privacy. In Wisconsin, this includes:

• Streets and sidewalks. These are traditional public forums with the strongest First Amendment protections.
• Public parks and plazas. Municipal parks, state parks, and public squares are open for recording.
• Government buildings. Areas of courthouses, city halls, state office buildings, and other government facilities that are open to the public.
• Public transportation. Bus stops, train platforms, and the exterior of transit vehicles.
• Retail areas open to the public. The publicly accessible portions of stores, malls, and restaurants (though the property owner may restrict recording).
• Public events. Parades, festivals, sporting events held in public venues, and community gatherings.

Recording Government Meetings

Wisconsin's Open Meetings Law

Wisconsin has one of the strongest open meetings laws in the country. Wis. Stat. 19.81 declares that "the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business."

Under this law, meetings of governmental bodies must be open to the public. Wis. Stat. 19.90 adds that whenever a body meets in open session, it "shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting." That section does not permit recording in a manner that interferes with the conduct of the meeting or the rights of the participants.

The Open Meetings Law applies to:

• County board meetings. All 72 Wisconsin county boards must hold open meetings.
• City council and village board meetings. Municipal governing body meetings are open.
• School board meetings. Public school district board meetings are subject to the Open Meetings Law.
• Town board meetings. Township meetings are covered.
• Committee meetings. Standing committees, special committees, and subcommittees of governmental bodies must hold open meetings.
• State legislative proceedings. Sessions of the Wisconsin State Assembly and Senate are open, though recording may be limited to designated areas.

Enforcement and Violations

If a governmental body prevents you from recording an open meeting, you may have recourse under Wis. Stat. 19.97 (enforcement) and Wis. Stat. 19.96 (penalty). Enforcement runs through the state. The attorney general can bring an action, and any person can file a verified complaint with the district attorney. If the district attorney does not act within 20 days of your verified complaint, you may bring the action yourself on the state's behalf.

Possible remedies include:

• Voiding actions taken at an unlawful meeting, but only if the court finds that the public interest in enforcing the law outweighs any public interest in keeping the action in place
• Forfeiture penalties of $25 to $300 for each violation against individual members, under Wis. Stat. 19.96
• Costs and reasonable attorney fees, which the court may award to a person who brings the action after the district attorney fails to act, and wins (Wis. Stat. 19.97(4))
• Mandamus, injunctions, or declaratory judgments to compel compliance

The Wisconsin Department of Justice provides guidance on the Open Meetings Law and can receive complaints about violations.

Recording on Public Streets and Sidewalks

Your Rights

On public streets and sidewalks, you have the broadest recording rights. You can:

• Photograph or video record any person, building, or activity visible from the public space
• Record police officers performing their duties
• Film accidents, fires, or other newsworthy events
• Photograph private buildings from the public sidewalk
• Record street performers, demonstrators, or public speakers
• Livestream activities happening in public

Limitations

Even on public streets, certain activities are restricted:

• Obstructing traffic. You cannot block vehicular or pedestrian traffic while recording. Local ordinances in Milwaukee, Madison, and other cities address obstruction.
• Interfering with emergency operations. You must stay clear of active emergency scenes and follow lawful orders from first responders.
• Trespassing. You cannot step onto private property to get a better camera angle.
• Harassment. Following someone persistently with a camera, especially after being asked to stop, may constitute harassment under Wis. Stat. 947.013 depending on the circumstances.

Recording Protests and Demonstrations

Protester Rights

Wisconsin has a strong tradition of public protest, from the progressive era through the 2011 Capitol protests. Both protesters and observers have the right to record during public demonstrations. This includes:

• Recording your own participation in a protest
• Filming other protesters (in public)
• Recording police responses to protests
• Livestreaming demonstrations
• Photographing confrontations between protesters and counter-protesters

Observer Rights

Journalists, legal observers, and bystanders have the same recording rights as protesters. You do not need a press credential to record a public protest. The Seventh Circuit, which covers Wisconsin, held in ACLU of Illinois v. Alvarez (2012) that applying Illinois's eavesdropping law to people openly audio recording police officers doing their jobs in public likely violates the First Amendment. The Supreme Court has not ruled on the question.

Police Restrictions at Protests

Police may establish reasonable time, place, and manner restrictions at protests, but they cannot:

• Ban recording entirely
• Search a camera's or phone's contents without a warrant, though they may lawfully seize the device itself incident to a lawful arrest (per Riley v. California, 573 U.S. 373 (2014))
• Arrest people solely for filming
• Order people to stop recording simply because they are recording
• Target people for arrest because they are recording

Police can order people to move back from an active confrontation for safety reasons, establish perimeters around dangerous areas, and enforce unlawful assembly orders that apply to everyone equally. Those reasonable orders can limit where and how you record, and refusing a lawful order can lead to arrest.

Photography in Public

Street Photography Rights

Street photography is legal in Wisconsin. You can photograph:

• People in public places without their consent
• Buildings, monuments, and public art
• Storefronts and business exteriors
• License plates and vehicles on public roads
• Public events and gatherings

You do not need a model release to take someone's photograph in a public place. However, using someone's image for commercial purposes (advertising, product endorsement) without their consent may create liability under Wisconsin's right of publicity protections.

Photographing Children in Public

Photographing children in public spaces is legal in Wisconsin, as there is no law prohibiting photography of minors in public. However, photographing children in ways that could be considered obscene or exploitative could trigger criminal charges under separate statutes. Parents may ask you to stop photographing their children, and while you have no legal obligation to comply in a public space, respecting such requests is a common courtesy.

Recording on Private Property Open to the Public

Stores, Restaurants, and Businesses

Privately owned businesses that are open to the public can set their own recording policies. Common approaches include:

• No restrictions. Many businesses do not restrict recording.
• Photography prohibited. Some businesses post "no photography" or "no recording" signs.
• Recording permitted in some areas. A business may allow recording in public areas but restrict it in back offices or employee-only areas.

If a business asks you to stop recording, you must comply or leave. Continuing to record after being asked to stop and refusing to leave could result in a trespassing charge under Wis. Stat. 943.13.

Museums, Theaters, and Venues

Many museums, theaters, concert venues, and event spaces prohibit recording as a condition of entry. When you purchase a ticket or enter the venue, you agree to their terms. Violating these rules can result in ejection from the venue.

Some venues allow personal photography but prohibit commercial recording or use of professional equipment. Check the venue's policy before bringing camera equipment.

Audio Recording in Public

The Wiretapping Statute and Public Conversations

While video recording in public is broadly permitted, audio recording requires additional analysis under Wis. Stat. 968.31. Key principles:

• Conversations at normal volume in public generally carry no expectation of privacy. Recording them is unlikely to violate the wiretapping statute.
• Conversations you participate in can generally be recorded under one-party consent, regardless of location. The exception does not apply if you record for the purpose of committing a crime, a tort, or any other injurious act, and recording for such a purpose can be a Class H felony.
• Whispered or private conversations between other people in a public place may carry some expectation of privacy. Using sensitive equipment to capture such conversations could raise legal issues.
• Public speeches, performances, and announcements have no expectation of privacy and can be freely recorded.

Practical Guidelines

When recording audio in public:

• If you are part of the conversation, you are generally covered by one-party consent, unless you are recording to commit a crime, a tort, or another injurious act
• If you are recording ambient audio in a public space (street sounds, crowd noise), this is generally not an interception of private communications
• If you intentionally use equipment to eavesdrop on a specific private conversation in public, this could violate the wiretapping statute

Drone Recording in Public

Drone operators recording in public spaces must comply with both federal FAA regulations and Wisconsin law:

• FAA rules require registration for drones over 0.55 pounds, prohibit flying above 400 feet in uncontrolled airspace, and restrict flying near airports
• Wisconsin law has a drone-specific surveillance statute: Wis. Stat. 942.10 makes it a Class A misdemeanor to use a drone with intent to photograph, record, or observe another person in a place where that person has a reasonable expectation of privacy. Separately, flying a drone to capture footage from inside or directly over private property can also implicate Wis. Stat. 942.08
• Local ordinances in some Wisconsin cities restrict drone operation in parks, near public buildings, or in congested areas

When Someone Confronts You About Recording

Know Your Rights

If someone confronts you about recording in public:

1. Stay calm and polite. De-escalate the situation.
2. Know that in public, you have the right to record. You can politely explain this.
3. Do not give up your device. No private citizen has the right to take your phone or camera.
4. Move away if the situation becomes hostile. Your safety is more important than any recording.
5. Call police if threatened. Threats or physical attacks over recording are criminal offenses.

When to Stop Recording

Consider stopping your recording when:

• A property owner asks you to stop on their private property
• Continuing to record would put you in physical danger
• You are in a restricted area (courtroom without permission, military installation, etc.)
• An emergency responder gives a lawful order related to safety

More Wisconsin 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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Frequently Asked Questions

Can I record people in public in Wisconsin?

Yes. There is generally no expectation of privacy in what people expose to public view in Wisconsin, although recording under someone's clothing is a felony anywhere (Wis. Stat. 942.08(3)). You can photograph and video record people on public streets, sidewalks, parks, and other public areas without their consent. The First Amendment protects this right for everyone, not just journalists.

Can I record a government meeting in Wisconsin?

Yes. Wisconsin's Open Meetings Law requires most government meetings to be open to the public, and Wis. Stat. 19.90 requires a body meeting in open session to make a reasonable effort to accommodate anyone who wants to record, film, or photograph it, as long as the recording does not interfere with the meeting or the rights of participants. This applies to county boards, city councils, school boards, and other governmental bodies.

Can a store kick me out for recording in Wisconsin?

Yes. Private businesses can set their own recording policies. If a store asks you to stop recording and you refuse, you can be asked to leave. Refusing to leave after being asked can result in a trespassing charge under Wis. Stat. 943.13.

Can I record a protest in Wisconsin?

Yes. Both protesters and observers have the right to record public demonstrations. Police cannot ban recording or arrest you solely for filming, and under Riley v. California they need a warrant to search the contents of a seized device. However, you must comply with lawful safety orders and cannot obstruct police operations.

Is street photography legal in Wisconsin?

Yes. You can photograph people, buildings, and activities in public places without consent. You do not need a model release for photos taken in public. However, using someone's image for commercial purposes like advertising without their consent may create separate legal liability.