Michigan Laws on Recording in Public: First Amendment Rights and Limits (2026)

Recording in public places is legal in Michigan and protected by the First Amendment. Michigan's eavesdropping statute, MCL 750.539c, targets private discourse and does not apply where the public has access. A participant in any conversation may record it freely under the participant exception recognized by Michigan courts.

Michigan strongly protects the right to record in public spaces. The First Amendment, Michigan's statutory framework, and the Open Meetings Act all combine to give individuals broad freedom to photograph, film, and audio record in areas accessible to the public.

However, the line between public and private can blur, and Michigan's eavesdropping statute adds complexity when audio recording captures private conversations. This guide covers every scenario you are likely to encounter when recording in public in Michigan.

The First Amendment and Public Recording

Constitutional Protections

The First Amendment to the U.S. Constitution protects the right to gather information in public places. This protection extends to:

• Taking photographs in public
• Recording video on public streets, sidewalks, and parks
• Livestreaming public events on social media
• Recording government buildings from public spaces
• Filming police officers performing their duties

No federal or Michigan state law prohibits recording in public. The right to record is part of the broader right to free speech and press that the First Amendment guarantees.

What Counts as a "Public Place" in Michigan

MCL 750.539a defines "private place" as a place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance, "but does not include a place to which the public or substantial group of the public has access."

By this definition, the following are not private places, and recording is legal:

• Public sidewalks, streets, and roadways
• Public parks, trails, and recreation areas
• Government buildings open to the public (courthouses, city halls, DMV offices)
• Public transit (buses, trains, stations)
• Retail stores, restaurants, and shopping malls (with caveats for private property)
• Outdoor festivals, fairs, and public events
• Sports stadiums and concert venues (subject to venue policies)
• Public beaches and waterfront areas

Audio Recording in Public Spaces

When Audio Recording Is Unrestricted

Michigan's eavesdropping statute (MCL 750.539c) prohibits recording "the private discourse of others." In public spaces where conversations can be overheard by passersby, there is generally no "private discourse" to protect.

You can freely record audio in public when:

• The speakers are talking at normal or raised volume in an open area
• The conversation takes place where others can easily hear it
• The speakers have not taken steps to ensure privacy
• You are participating in the conversation (participant exception applies)

When Audio Recording May Be Restricted

Even in a public location, certain conversations may qualify as "private discourse" if the speakers have taken steps to create a reasonable expectation of privacy. Examples include:

• Two people whispering closely together in a secluded corner of a park
• A conversation at a restaurant table where the speakers are making efforts to keep their voices low and private
• A phone call on a public bench where the caller is speaking quietly

Using electronic amplification equipment to capture a conversation from a distance that you could not otherwise hear may violate the eavesdropping statute, even in a public setting. The statute prohibits using any device to record the "private discourse of others," and amplification equipment is specifically covered.

The Participant Exception in Public

If you are part of a conversation in public, you can always record it under the Sullivan v. Gray, 117 Mich. App. 476, 324 N.W.2d 58 (1982), participant exception. Your participation removes any "discourse of others" concern. This applies whether you are chatting with a friend on the sidewalk, speaking with a vendor at a farmers' market, or interacting with a government employee at a public office.

Recording on Private Property Open to the Public

Stores, Restaurants, and Businesses

Private businesses that invite the public onto their premises (retail stores, restaurants, banks, gyms) occupy a middle ground. While these locations are not "private places" under the eavesdropping statute because the public has access, the property owner retains the right to set rules for their property.

Your rights:

• You can record video and audio in areas open to the public within the business
• The eavesdropping statute's "private place" restrictions do not apply to public areas of the business
• The participant exception allows you to record your own conversations with employees or other customers

The business's rights:

• The business can ask you to stop recording on their property
• If you refuse, the business can ask you to leave
• If you refuse to leave after being asked, you may be trespassing under Michigan law
• The business can ban recording through posted policies

Private Events in Public Venues

Events held in public venues may have recording restrictions. A concert at a public park, for example, may prohibit recording as a condition of ticket purchase. These restrictions are contractual, not criminal. Violating them may result in ejection from the event, not criminal prosecution.

Recording Government Activities

Open Meetings Act (MCL 15.263)

Michigan's Open Meetings Act provides one of the strongest statutory protections for recording government proceedings in the country. The Act states that the right to attend a public meeting includes the right to:

• Tape-record the proceedings
• Videotape the proceedings
• Broadcast live on radio
• Telecast live on television

This right applies to all meetings of public bodies, including city councils, county commissions, school boards, planning commissions, library boards, and any other governmental entity required to hold open meetings.

The right does not require prior approval. A public body may establish reasonable rules to minimize disruption (such as designating a specific area for cameras), but it cannot prohibit recording outright.

Recording in Government Buildings

You generally have the right to record in public areas of government buildings, including hallways, lobbies, and public service counters. However, some areas within government buildings may be restricted:

• Courtrooms (recording rules are set by the presiding judge)
• Secure areas (jails, law enforcement operational areas)
• Locations where recording would interfere with government operations

The Michigan Supreme Court adopted Administrative Order 2019-1 (expanded media coverage) allowing cameras in Michigan courtrooms under certain conditions. Individual judges retain discretion over recording in their courtrooms.

Recording at Polling Places

Michigan law regulates recording at polling places during elections. Voters may take selfies with their ballots (Michigan repealed its ballot selfie ban), but recording that disrupts voting, intimidates voters, or violates ballot secrecy rules is prohibited. Election workers at polling places can establish reasonable rules about recording.

Street Photography and Public Photography Rights

General Rules

Street photography and public photography are legal in Michigan. You do not need anyone's permission to photograph or film:

• People walking on public sidewalks or streets
• Buildings, landmarks, and architecture visible from public spaces
• Public events, protests, and gatherings
• Vehicles on public roads
• Anything visible from a public location

No Right to Privacy in Public Appearance

A person who walks down a public sidewalk has no legal expectation of privacy regarding their physical appearance and movements. You can photograph and film them without their consent.

However, photographing someone in a way that constitutes harassment or stalking may violate other Michigan laws, including the stalking statute (MCL 750.411h). The recording itself is legal, but using it as part of a pattern of harassment is not.

Commercial Use Considerations

While taking photographs in public is legal, using someone's image for commercial purposes without their consent may create civil liability under Michigan's common law right of publicity. This applies to advertising, product packaging, and commercial endorsements, not to journalism, art, or non-commercial uses.

Drones and Public Recording

Michigan does not have a comprehensive state drone law. Drone operators must comply with FAA regulations for unmanned aircraft systems. Recording video from a drone in public airspace over public areas is generally legal.

However, using a drone to record in areas where people have a reasonable expectation of privacy (over fenced backyards, through windows) may violate MCL 750.539d. The analysis depends on whether the area being recorded qualifies as a "private place" under Michigan law.

Restrictions on Recording in Specific Public Locations

Hospitals and Medical Facilities

Public areas of hospitals (lobbies, waiting rooms, hallways) are accessible to the public, but recording may be restricted by facility policies to protect patient privacy under HIPAA and Michigan health privacy laws. Hospitals can ask you to stop recording and require you to leave if you refuse.

Schools

Public school buildings and grounds are government property, but access is restricted during school hours. Recording by parents and visitors is generally subject to school policies. Student privacy under FERPA adds another layer of complexity. See the schools recording page for details.

Transportation Facilities

Airports, train stations, and bus terminals are open to the public and recording is generally permitted in public areas. However, TSA screening areas, restricted zones, and operational areas may have recording restrictions based on federal security regulations.

What Is Not Protected

Even in public, certain recording conduct can create legal liability:

• Harassment: Using recording as a tool to stalk or harass someone
• Trespassing: Recording while on private property after being asked to leave
• Obstruction: Recording in a way that physically blocks or impedes emergency services, police, or government operations
• Voyeurism: Using cameras or lenses to record under clothing or into private areas, even from a public location

Related Michigan Recording Laws

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

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