,,ii #aaith ,,congress #b;d ,session ,s4 #dfif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #h1 #bjbf,mr4 ,blumenthal introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish an express cause of action for violations of the right to record1 observe1 or peacefully protest law enforcement activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,right to ,record ,act of #bjbf4 #b4 ,sense of congress regarding first amendment and right to record1 observe1 or peacefully protest 7a7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the ,first ,amendment to the ,constitution of the ,united ,states protects1 among other things1 the right to record law enforcement officers and other public officials in public view1 observe the actions of law enforcement officers and other public officials in public view1 protest peacefully1 and engage in other expressive activities2 and 7#b7 while the ,first ,amendment already protects the right to record1 observe1 or peacefully protest law enforcement1 ,congress can enhance the remedies available to individuals who are deprived of this right by establishing an express statutory cause of action for such rights violations4 #c4 ,right to record1 observe1 or peacefully protest law enforcement activities 7a7 ,right ,to record1 observe1 or peacefully protest law enforcement activities ,a person has the right to record1 observe1 or peacefully protest law enforcement activities1 except in cases described under subsection 7c74 7b7 ,cause of action 7#a7 ,liability of officers ,any ,federal law enforcement officer who1 while acting under color of law1 violates a person's right to record1 observe1 or peacefully protest law enforcement activities shall be liable to the party injured in a civil action with respect to such violation in the appropriate district court for redress1 including an award of the greater of actual damages or statutory damages in the amount of #be1jjj for each violation1 and punitive damages up to #ajj1jjj for each violation engaged in with malice or reckless disregard for the federally protected rights of the party injured4 7#b7 ,liability of the united states ,if1 while acting under color of law1 any ,federal law enforcement officer violates a person's right to record1 observe1 or peacefully protest law enforcement activities1 the ,united ,states shall be liable to the party injured for the conduct of the officer in a civil action with respect to such violation in the appropriate district court for redress1 including the greater of an award of actual damages or statutory damages in the amount of #be1jjj for each violation1 and punitive damages up to #ajj1jjj for each violation engaged in with malice or reckless disregard for the federally protected rights of the party injured1 regardless of whether a policy or custom of the ,federal law enforcement agency that employs or contracts with the officer caused the violation1 and regardless of whether the officer has any defense or immunity from suit or liability4 ,this paragraph shall constitute a waiver of sovereign immunity with respect to ,federal law enforcement agencies for any claim brought under this ,act4 ,nothing in this paragraph shall be construed to limit or preclude any legal1 equitable1 or other remedy that is available1 under this section or under any other source of law1 against an individual officer4 7#c7 ,violations ,a violation of the right to record1 observe1 or peacefully protest law enforcement activities includes the following3 7,a7 ,preventing or attempting to prevent a person from recording1 observing1 or peacefully protesting law enforcement activities4 7,b7 ,threatening1 intimidating1 or coercing a person with any negative consequences1 including the addition of the personal information or biometric characteristics of the person into any database1 in response to the person's recording1 observing1 or peacefully protesting law enforcement activities4 7,c7 ,pursuing a person to a different location because the person recorded1 observed1 or peacefully protested law enforcement activities4 7,d7 ,attempting to surveil or use surveillance powers to attempt to identify a person in order to intimidate or take other retaliatory action against that person because the person recorded1 observed1 or peacefully protested law enforcement activities4 7,e7 ,commanding that a person cease recording1 observing1 or peacefully protesting law enforcement activities when the person was not prohibited by law or court order to engage in such activities4 7,f7 ,stopping1 seizing1 searching1 ticketing1 or arresting a person because the person recorded1 observed1 or peacefully protested law enforcement activities4 7,g7 ,demanding to see the identification of a person or interrogating or otherwise harassing a person because the person recorded1 observed1 or peacefully protested law enforcement activities4 7,h7 ,unlawfully seizing property or instruments used by a person to record1 observe1 or peacefully protest law enforcement activities4 7,i7 ,unlawfully destroying or seizing a recorded image or recorded images of law enforcement activities1 or copying such a recording of law enforcement activities1 without the consent of the person who recorded it or without approval from an appropriate court4 7,j7 ,otherwise retaliating against a person because the person recorded1 observed1 or peacefully protested law enforcement activities4 7c7 ,limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 a person has no right to record1 observe1 or peacefully protest law enforcement activities pursuant to subsection 7a7 if the person physically restricts or restrains an officer taking official actions while acting under color of law4 7#b7 ,exception ,paragraph 7#a7 shall not apply to the mere act of recording1 observing1 or peacefully protesting law enforcement activities1 or positioning oneself to record1 observe1 or peacefully protest law enforcement activities1 even if such action is taken close to1 in front of1 or near the expected path of an officer acting under color of law4 7d7 ,attorney's fees and costs ,the court shall award reasonable attorney's fees and costs to a prevailing plaintiff4 7e7 ,training ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the head of each ,federal law enforcement agency shall provide to every ,federal law enforcement officer training on how to enforce the law while respecting the right to record1 observe1 or peacefully protest law enforcement activities4 7f7 ,definitions ,in this section3 7#a7 ,federal law enforcement agency ,the term ,federal law enforcement agency means any agency of the ,united ,states authorized to enforce ,federal criminal law or ,federal immigration law4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer-- 7,a7 has the meaning given the term in section #aae of title #ah1 ,united ,states ,code2 and 7,b7 includes an immigration officer4 7#c7 ,immigration officer ,the term immigration officer has the meaning given the term immigration officer in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#d7 ,law enforcement activities ,the term law enforcement activities means the official actions taken in public view by an officer acting under color of law4 7#e7 ,observe ,the term observe means to watch or otherwise perceive4 7#f7 ,peacefully protest ,the term peacefully protest means to engage in constitutionally protected expression or assembly4 7#g7 ,public view ,the term public view means anything that can be seen from any place where an individual cannot be deemed to be trespassing1 including parks1 sidewalks1 and roads1 or a privately owned place where the individual is lawfully present4 7#h7 ,record ,the term record means creating a written1 visual1 or audio record4 #d4 ,rules of construction 7a7 ,broad construction ,this ,act shall be construed in favor of a broad protection of the right to record1 observe1 or peacefully protest law enforcement activities and the right to access and document information about matters of public interest1 to the maximum extent permitted by the terms of this ,act and the ,constitution of the ,united ,states4 7b7 ,no diminishment of other first amendment rights and remedies ,nothing in this ,act shall be construed to-- 7#a7 diminish constitutional and statutory protections for any activity outside the scope of this ,act that is otherwise covered by the ,first ,amendment to the ,constitution of the ,united ,states2 7#b7 preclude any cause of action that may arise under the laws of the ,united ,states1 a ,state1 or a unit of local government for any violation of such ,first ,amendment rights2 or 7#c7 limit or preclude any legal1 equitable1 or other remedy that is available in any action for any violation of such ,first ,amendment rights4 7c7 ,no preclusion of other causes of action ,nothing in this ,act shall be construed to preclude any other cause of action that may arise under the laws of the ,united ,states1 a ,state1 or a unit of local government for any violation by an officer acting under color of law of the right to record1 observe1 or peacefully protest law enforcement activities4