Independent reporting by Morgan Hale

Recording Laws in Massachusetts

Audio consent rule
All-party (two-party) consent
Mass. Gen. Laws ch. 272 § 99
Recording police in public
Protected by Federal Circuit ruling
1st Circuit — Glik v. Cunniffe (1st Cir. 2011)

Massachusetts is one of the strictest all-party consent states, but the 1st Circuit's Glik decision and Project Veritas v. Rollins (2020) confirm citizens may openly record police performing official duties in public.

Watch-outs:
  • Secret recording is criminal under § 99. The Glik right applies to OPEN, visible recording.
  • If you conceal the device, you lose the First Amendment protection.

Practical guidance

  • Record openly. Hidden recording loses First Amendment protection in nearly every state — visible cameras and phones do not.
  • Stay at a reasonable distance. Officers can lawfully cite obstruction or interference statutes if they believe you are too close — the safest distance varies but 8–25 feet is the threshold in several recent state laws.
  • Stay on public property (sidewalks, streets, parks). Trespass laws apply even when recording is otherwise protected.
  • Do not interfere — comply with lawful orders unrelated to the recording itself.
  • Save and back up footage off-device as soon as practical (cloud upload, hand-off to a witness).

If your right to record is challenged

  1. State calmly: "I am recording in a public place. I am not interfering."
  2. Cite the relevant authority. For Massachusetts, that is Glik v. Cunniffe (1st Cir. 2011).
  3. If detained, ask whether you are free to leave and what you are being detained for.
  4. Request a supervisor.
  5. Submit a complaint and file a FOIA request afterward — see our FOIA letter generator.

Sources & further reading

Disclaimer: This page is a reference for journalists and the public. It is not legal advice. State statutes and Circuit interpretations change. Consult a licensed attorney before relying on any rule in a specific case.

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