Can We Tape?

Important notice

This guide is meant as a general introduction for journalists to the state of the law concerning electronic recording and its implications. It does not take the place of legal advice from a lawyer in your state when you are confronted with a legal problem. Journalists who have additional questions or who need to find a lawyer can contact the Reporters Committee at (800) 336-4243.

Because this guide was written with the needs of journalists in mind, it does not address all aspects of electronic recording laws, including the issues of taping family members’ calls and using a tape recording as evidence in a lawsuit or prosecution. Others who have questions about taping should contact a local attorney directly.

Published by The Reporters Committee for Freedom of the Press, 1101 Wilson Blvd., Suite 1100, Arlington, Va. 22209. © 2008 The Reporters Committee for Freedom of the Press. Updates to this guide were researched by Matthew Pollack, Cristina Abello, Miranda Fleschert and Stacey Laskin. They built on the work of legal fellows and interns who contributed to previous editions.