Kansas Laws on Recording in Public

Kansas law broadly permits recording in public places. The First Amendment protects video recording of public activity, and the Tenth Circuit affirmed this right for Kansas in Irizarry v. Yehia (2022). Audio recording in public follows one-party consent under K.S.A. 21-6101, requiring you to be a party to any conversation you record.

Recording in public places in Kansas is broadly legal. Kansas has no statute that prohibits video recording in areas where people do not have a reasonable expectation of privacy, and the First Amendment provides constitutional protection for recording public activity. Audio recording in public follows the state's one-party consent rules under K.S.A. 21-6101.

This guide covers where and when you can record in public in Kansas, the legal framework protecting public recording, limitations on that right, recording at government meetings and events, and how public recordings are treated as evidence.

The Right to Record in Public

Constitutional Foundation

The right to record in public is rooted in the First Amendment to the U.S. Constitution. The U.S. Court of Appeals for the Tenth Circuit, which has jurisdiction over Kansas, recognized this right in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022). While that case specifically addressed recording police officers, the underlying principle applies broadly to recording any public activity.

The Tenth Circuit stated that recording in public "falls squarely within the First Amendment's core purposes to protect free and robust discussion of public affairs, hold government officials accountable, and check abuse of power."

Kansas State Law Framework

Kansas does not have a statute that broadly prohibits recording in public. The primary state law affecting public recording is K.S.A. 21-6101, which focuses on privacy violations in private places and interception of private communications. The statute defines a "private place" under subsection (f) as a place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

Because people in public places generally lack a reasonable expectation of being safe from uninvited intrusion or surveillance, public places generally fall outside the protective scope of K.S.A. 21-6101's restrictions on recording.

Where You Can Record in Public

Streets, Sidewalks, and Public Rights-of-Way

You can freely record on:

• Public streets and roadways
• Sidewalks and pedestrian walkways
• Public bridges and overpasses
• Alleys and public passageways
• Bike paths and public trails

These areas are considered traditional public forums where First Amendment protections are at their strongest.

Parks and Recreational Areas

Public parks, playgrounds, sports fields, and recreational areas are public spaces where recording is permitted. This includes:

• City and county parks
• State parks and recreation areas
• Public swimming areas (outdoor, open-access areas)
• Public trails and nature paths
• Community sports fields and courts

Government Buildings and Grounds

You can record in areas of government buildings open to the public:

• Capitol building public areas
• Courthouse lobbies and hallways (courtroom recording is subject to separate rules)
• City hall public areas
• County clerk offices and public service windows
• DMV and other state agency public areas
• Public libraries

Public Transportation

Recording on public transportation is generally permitted:

• Public bus interiors and stops
• Train stations and platforms
• Transit center common areas

Individual transit authorities may have their own rules about recording, but these rules cannot override constitutional protections for recording public activity.

Retail and Commercial Spaces Open to the Public

While privately owned, retail stores, restaurants, and businesses open to the public are generally considered places where people have a diminished expectation of privacy. You can record in these spaces, though the property owner can ask you to stop recording or leave the premises.

Audio Recording in Public Spaces

One-Party Consent Rules Apply

While video-only recording in public is largely unrestricted, capturing audio of conversations triggers Kansas's one-party consent law. Under K.S.A. 21-6101:

• You can record audio of conversations you participate in
• You can record ambient sounds and general noise in public
• You should not use directional microphones or other devices to specifically target and record private conversations you are not part of

Reduced Privacy Expectations in Public

People speaking in public spaces where others can freely overhear them have a diminished expectation of privacy. Kansas courts recognize that conversations conducted in a manner that allows non-participating bystanders to hear do not carry the same privacy protections as conversations in truly private settings.

This means that incidental capture of background conversations on your recording in a public place is generally permissible, because the speakers chose to converse in a setting where they could be overheard.

When Audio Recording in Public Becomes Illegal

Audio recording in public crosses into illegal territory when:

• You use electronic equipment to eavesdrop on a private conversation from a distance that you could not naturally overhear
• You place a recording device in a concealed location to capture specific people's conversations without their knowledge or consent
• You enter a restricted area (such as a private office within a public building) to record conversations

Recording Public Events

Protests and Demonstrations

You have a clear constitutional right to record public protests and demonstrations in Kansas. This includes:

• Recording protesters, counter-protesters, and bystanders
• Recording police activity at protests
• Livestreaming protest events
• Photographing signs, banners, and activities

Law enforcement cannot create "no recording zones" around protest activity and cannot target individuals for recording. Police may enforce content-neutral time, place, and manner restrictions that apply equally to all people in the area, but those restrictions cannot specifically target recording.

Concerts, Festivals, and Sporting Events

Public events held in outdoor spaces are generally recordable from public areas. However:

• Ticketed events are typically held on private property, and the event organizer can prohibit recording as a condition of entry
• Intellectual property. Recording performances may implicate copyright law, separate from privacy considerations
• Venue rules. Stadiums, arenas, and concert venues are private property, and their recording policies must be followed

Public Ceremonies and Parades

Parades, public ceremonies, ribbon cuttings, and similar events held on public property can be freely recorded. These events are by nature intended for public observation.

Recording Government Meetings

Kansas Open Meetings Act: K.S.A. 75-4318

The Kansas Open Meetings Act (K.S.A. 75-4318(e)) specifically provides that the use of cameras, photographic lights, and recording devices shall not be prohibited at public meetings. This covers all meetings of public bodies, including:

• City council meetings
• County commission meetings
• School board meetings
• State legislative sessions
• Planning and zoning board meetings
• Public hearings
• Advisory committee meetings
• Any meeting of a body created by state or local law

Reasonable Rules for Orderly Proceedings

The Act allows governing bodies to establish reasonable rules and regulations to ensure orderly proceedings. These rules can address:

• Where cameras and recording equipment can be positioned
• Lighting requirements to avoid disruption
• Noise limitations for recording equipment
• Designated media areas

These rules cannot amount to a de facto ban on recording. Any restriction must be narrowly tailored to address legitimate concerns about disruption, not aimed at preventing documentation of public business.

Recording Executive Sessions

Kansas public bodies may go into executive (closed) session for specific purposes listed in K.S.A. 75-4319, such as discussing personnel matters, attorney-client privileged communications, or security measures. Recording is generally not permitted during executive sessions, as these sessions are closed to the public.

Limitations on Public Recording

Private Property Rights

While you can record on public property, private property owners control recording on their premises. When you are on private property:

• The owner or manager can ask you to stop recording
• If you refuse, they can ask you to leave
• Remaining after being asked to leave constitutes trespassing under K.S.A. 21-5808

Common private properties that may restrict recording:

• Shopping malls (interior areas)
• Private office buildings
• Hospitals and medical facilities
• Private schools and universities
• Churches and religious facilities
• Restaurants and bars

Sensitive Government Areas

Certain government facilities may restrict recording for security reasons:

• Military installations
• Courtrooms (subject to Supreme Court Rule 1001)
• Secure areas of government buildings (behind security checkpoints)
• Certain law enforcement facilities

Recording Children

There is no Kansas law that specifically prohibits recording children in public places. However, practical and ethical considerations apply:

• Parents may object to strangers recording their children
• Schools and daycare facilities may have their own restrictions
• If a recording of a child is used in a harmful or exploitative manner, other laws may apply
• Social norms and common courtesy should guide behavior even when legal rights exist

Harassment Through Recording

While recording in public is legal, using recording as a tool of harassment may violate other laws. If your recording behavior constitutes stalking under K.S.A. 21-5427, you could face criminal charges. Stalking includes recklessly, or with knowledge, engaging in a course of conduct targeted at a specific person that would cause a reasonable person in that person's circumstances to fear for their safety, when the targeted person is actually placed in such fear.

Following someone with a camera, repeatedly recording someone after they ask you to stop, or using recording as intimidation may cross the line from protected activity into criminal harassment or stalking.

Street Photography and Journalism

Photographer and Journalist Rights

Kansas journalists, photographers, and citizen journalists have the same public recording rights as all other residents. The Kansas Open Meetings Act and the First Amendment protect:

• News gathering in public places
• Photographing public buildings and infrastructure
• Interviewing people on public sidewalks
• Recording newsworthy events as they unfold

Press Credentials

Kansas does not require press credentials to exercise recording rights in public. You do not need to be a professional journalist or have a press pass to record in public spaces. The First Amendment protections apply equally to professional media and private citizens.

Photographing Buildings and Infrastructure

You can photograph and record public buildings, bridges, infrastructure, and landmarks from public vantage points. There is no Kansas law prohibiting photography of publicly visible structures. Restrictions on photographing certain federal buildings or military installations come from federal law and regulations, not Kansas state law.

Using Public Recordings as Evidence

Admissibility

Recordings made legally in public spaces are generally admissible as evidence in Kansas courts. The offering party must authenticate the recording by demonstrating it is genuine and unaltered, typically through testimony from the person who made the recording or other supporting evidence.

Common Uses

Public recordings commonly serve as evidence for:

• Traffic accidents and road incidents
• Slip-and-fall injuries on public property
• Assault, battery, and other crimes committed in public
• Interactions with law enforcement
• Public nuisance complaints
• Property damage claims

Social Media and Sharing Public Recordings

Right to Share

In most cases, you have the right to share recordings made in public on social media, news outlets, or other platforms. People captured in public recordings generally do not have a right to prevent publication because they were in a setting where they had no reasonable expectation of privacy.

Potential Limitations on Sharing

Some limitations may apply:

• Defamation. If you add false or misleading commentary to a recording, you could face a defamation claim.
• Commercial use. Using someone's likeness from a public recording for commercial purposes without consent may implicate Kansas right of publicity laws.
• Harassment. Sharing a recording with intent to harass, stalk, or intimidate a specific person could lead to criminal charges.

More Kansas Recording Laws

Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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