CAP / Know Your Rights / Recording Police

Can I record police in Kentucky?

This issue requires more nuance than a simple yes/no answer because Kentucky sits in the Sixth Circuit.

Reviewed: August 31, 2026Jurisdiction: Kentucky / Sixth Circuit
Current legal status

Do not assume Kentucky has the same binding recording precedent as every federal circuit.

Several federal appellate courts recognize a First Amendment right to record police performing public duties. Sixth Circuit cases have treated the question more cautiously, particularly when deciding whether the right was clearly established for qualified-immunity purposes.

This does not mean recording police is automatically illegal.A qualified-immunity problem is not the same thing as a criminal prohibition on recording.
Interference still matters.Recording does not create a right to physically interfere with police duties or ignore otherwise lawful restrictions.
Location matters.A public street is not legally identical to a courthouse, jail, restricted facility, or private property.
Safety note

This is general legal education, not advice to disobey an order during a police encounter.

Selected authorities