Right to Record Law Enforcement | Support SB2145

Protecting Our Constitutional Right to Record Law Enforcement

The Libertarian Party of Hawaii proudly stands in strong support of SB2145. It stands out as one of the most important civil liberty bills of the 2026 legislative session. SB 2145 establishes a clear, explicit right of every person in Hawaii to record law enforcement activities in public. It also creates a powerful private right of action to hold officers accountable when they illegally interfere with this fundamental right.

This is constitutionally sound, commonsense, and it is deeply aligned with libertarian principles of limited government and individual liberty. SB2145 does three critical things:

1. Clearly affirms the right of individuals who are not under arrest or in custody to record police officers performing their duties in public.

2. Protects the recording device and the footage itself, even if the person is later arrested.

3. Creates a strong civil remedy including punitive damages, attorney fees, and injunctive relief against officers who destroy recordings, threaten citizens, seize phones, or retaliate for filming.

A First Amendment Victory

The right to record law enforcement is not a new concept at all. It is firmly rooted in the First Amendment of the U.S. Constitution. Multiple federal appeals courts across the country have ruled that citizens have a clearly established right to film police officers in public spaces. Recording government officials in the performance of their duties is protected speech. When police operate in public, they act on behalf of the people and the people have every right to document and scrutinize that behavior. 

Hawaii’s state Constitution also guarantees free speech and due process. SB 2145 simply codifies and strengthens these protections into state law, and can put an end to the confusion and abuse that currently occurs when officers illegally order people to stop filming.

Common Sense Protections for Everyone

This bill is common sense for several powerful reasons:

1. It Increases Accountability: Body cameras are great, but they are controlled by the police. Citizen recordings provide an independent, unfiltered view of events. Video evidence protects the innocent and exposes misconduct.

2. It Protects Good Officers: Clear footage exonerates officers who are falsely accused of misconduct. It cuts both ways and is the best defense against false claims.

3. It Deters Abuse: When officers know they are being recorded, bad behavior declines dramatically. Transparency is a natural deterrent to excessive force and unlawful conduct.

4. It Reflects Modern Reality: Virtually every citizen carries a powerful recording device. Banning or chilling this right is both impractical and tyrannical.

Why Libertarians Must Lead on This Issue

Libertarianism demands that the government be transparent and accountable. When the state claims a monopoly on force, the people must have tools to check that power. SB2145 is a direct defense against government overreach. It rejects the dangerous idea that citizens must blindly trust law enforcement without the ability to verify what actually happened. If law enforcement officers have nothing to hide, they have nothing to fear of this measure.

Help Us Support SB2145:

This bill represents a major step forward for liberty, transparency, and justice in Hawaii. We call on the full Senate and House to pass SB 2145 without weakening amendments.Take action by following these two steps:

1. Click on the hyperlink to familiarize yourself with the bill text: Support SB2145

2. Testify. Our simple instructions make the process easy!

Join Our Team!

You don't have to do this alone. We are here to help your actions succeed and amplify the voices of Hawaii! Contact us today to get tailored advice, collaboration, and support. And don't forget to let us know what issues matter most to you. Keep an eye out as we continue to publish on topics that affect our liberty.

Become an Official Member of LPHI

Keep the Momentum Going

Your contributions help us track bills, craft testimony, and mobilize supporters. Consider a one-time gift or monthly support to expand our reach and help us defend liberty session after session.

DONATE to LPHI