In most courthouses, you cannot record in a courthouse lobby. Lobbies and hallways feel like public space, but courts treat them as part of the judicial facility and regularly ban photography, video, and audio recording throughout the building. Whether any recording is allowed at all depends on the specific courthouse, whether it is federal or state, and the local rules that court has adopted.
Why Lobbies Aren’t the Public Space They Look Like
Courthouse interiors are open to the public, but under First Amendment forum analysis courts have classified them as non-public forums rather than traditional public spaces like parks or sidewalks. In a non-public forum, the government can restrict expressive activity, including recording, as long as the restriction is reasonable and viewpoint-neutral. The bar is far lower than it would be on the sidewalk outside.
No U.S. Supreme Court case establishes a right to film inside public buildings. The rationale courts give for restricting recording inside the building centers on protecting the judicial process: cameras in hallways can intimidate witnesses waiting to testify, capture confidential attorney-client conversations, and disrupt the atmosphere near active proceedings.
Federal Courthouses: Assume No
Federal courthouses operate under some of the strictest recording rules in the country. Federal Rule of Criminal Procedure 53 prohibits photography and broadcasting inside the courtroom during judicial proceedings.1Cornell Law Institute. Federal Rules of Criminal Procedure Rule 53 The restrictions do not stop at the courtroom door. Judicial Conference policy extends the framework to adjacent areas, and individual federal district courts adopt local rules that frequently ban recording throughout the courthouse, including lobbies, hallways, and the areas around the clerk’s office.2United States Courts. Guide to Judiciary Policy, Vol. 10, Ch. 4 – Cameras in the Courtroom
Cell phone policies also vary widely by district. Some federal districts prohibit bringing electronic devices into the courthouse at all. Others allow phones but restrict them to certain users, such as attorneys and court employees. Across the districts surveyed by the federal courts, none allowed anyone, including credentialed media, to use recording functions for video, audio, or photographs inside the building.3United States Courts. Portable Communication Devices in Courthouses
If you are going to a federal courthouse, assume recording is prohibited unless you have confirmed otherwise through the court’s local rules. Some federal courts will not even let you carry a phone past the security checkpoint.
State and Local Courthouses
State and local recording policies vary widely, with no single national standard. Nearly every state has some provision allowing media cameras in courtrooms under certain conditions, but the details differ enough that generalizations are unreliable. Some states allow cameras as a routine part of trial proceedings, others allow them only in appellate courts, and a handful ban recording of criminal proceedings entirely.
For lobbies and hallways, the rules are equally inconsistent. Some state courthouses allow recording in public areas as long as you do not interfere with court operations or record near restricted zones. Others ban recording throughout the building, with signs posted at the entrance. The only reliable way to know the rule for a specific courthouse is to check its website for administrative orders or local rules before you visit.
Areas Where Recording Is Always Off-Limits
Even in courthouses that allow some recording in common areas, certain zones carry strict prohibitions regardless of jurisdiction:
- Courtrooms during proceedings. This is the most universally protected space, and Federal Rule 53 and its state equivalents are enforced rigorously.
- Jury assembly and deliberation rooms. Recording near these areas threatens juror impartiality by exposing jurors to identification, contact, or pressure.
- Judges’ chambers and staff offices. These are private workspaces where confidential case discussions take place.
- Clerk of court service windows. People at these windows discuss sensitive case details, file confidential documents, and handle payments, and courts treat those interactions as carrying a reasonable expectation of privacy.
Some federal courts extend the bans to courthouse parking areas and to elevator lobbies on courtroom floors. The closer you get to where judicial work happens, the stricter the rules become.
What Happens If You Record Anyway
The response to unauthorized recording inside a courthouse escalates quickly. The first step is usually a verbal warning from a court security officer or U.S. Marshal directing you to stop, and sometimes to delete the footage. If you refuse, or if the recording has already caused disruption, you can be removed from the building and barred from re-entry for the day or longer. Security officers and U.S. Marshals also have authority to confiscate recording devices as part of enforcing courthouse rules.
The most serious consequence is contempt of court. Under federal law, courts have the power to punish contempt by fine, imprisonment, or both when someone engages in misbehavior in the court’s presence or so near as to obstruct justice, or when someone disobeys a lawful court order.4Office of the Law Revision Counsel. United States Code Title 18 – Section 401 A judge who has issued a no-recording order can treat a violation as direct contempt and impose sanctions on the spot. Some federal district courts have adopted local rules stating explicitly that violating the electronic device policy constitutes contempt punishable by incarceration, fines, costs, and confiscation of the device.3United States Courts. Portable Communication Devices in Courthouses
The idea that you can refuse to stop recording because it’s a public building is where most people get into real trouble. Courts have well-established authority to maintain order in their facilities, and that authority is backed by the contempt power.
Outside the Building Is Different
The legal picture changes once you step outside. Public sidewalks and streets around a courthouse are traditional public forums where First Amendment protections are at their strongest. Multiple federal appeals courts have recognized a right to record on public sidewalks, and restrictions on filming in those spaces face tougher scrutiny than restrictions inside.
There are still limits. Federal law makes it a crime to picket or demonstrate near a courthouse with the intent to interfere with justice or influence a judge or juror, and states have similar laws. Recording from a public sidewalk is not the same as picketing, but if your activity crosses into disruption or obstruction of courthouse entrances, you lose that protection. If you want to record interviews, commentary, or courthouse footage for public use, doing so from the sidewalk is far safer legally than attempting it inside the lobby.
How to Check the Rules Before You Go
Because rules differ so much between courthouses, checking in advance saves you from an unpleasant encounter with security. For federal courts, look up the specific district court on uscourts.gov and search its local rules for provisions on electronic devices, photography, or media access. For state and local courts, check the court’s own website for administrative orders or media policies. Many courthouses also post their recording rules on signs at the public entrance near the security screening area.
If you have a specific reason to record, such as documenting your own hearing for personal use, contact the clerk’s office ahead of time. Some courts allow audio recording of proceedings with prior approval from the presiding judge, but you will almost never get permission by showing up with a phone and pressing record. Courts that grant recording requests typically require a written motion filed before the proceeding.