Journalists and Police Scanners: Your Rights and What's at Stake
For decades, police scanners have been essential newsroom tools. Breaking news, accountability journalism, and public safety reporting all depend on real-time access to police communications. Encryption is eliminating that access—and press freedom organizations are sounding the alarm.
RTDNA: Encryption Is a Top Threat to Journalism
The Radio Television Digital News Association (RTDNA) consistently ranks police radio encryption among the greatest threats to American journalism. Their position is unequivocal: blanket encryption undermines press freedom and public accountability.
"When law enforcement encrypts radio communications, reporters cannot independently verify claims, respond to breaking news, or serve their watchdog function."— RTDNA Position Statement
Your Rights as a Journalist
Scanner Use is Protected
Using police scanners for newsgathering is protected First Amendment activity. You need no credentials, permits, or special authorization to own and operate a scanner.
No Special Access for Press
Unfortunately, journalists have no special legal right to access encrypted communications. Encryption blocks everyone equally—your press pass means nothing to AES-256.
Recording is Generally Legal
Recording unencrypted scanner audio for news purposes is generally legal. Check state laws regarding broadcast and republication, but personal recording is unrestricted.
FOIA Applies to Radio Recordings
Police radio recordings are public records in most jurisdictions. You can FOIA them—but recordings from encrypted systems may not exist, and delays defeat the purpose.
What Journalism Loses to Encryption
Breaking News Coverage
The first 30-60 minutes of any major incident are critical for public safety and accurate reporting. Encryption eliminates real-time information, forcing journalists to wait for press releases—which may be delayed, incomplete, or inaccurate.
Independent Verification
Scanner access allows journalists to verify police claims in real time. Without it, news organizations become dependent on official statements they cannot independently confirm.
Accountability Reporting
Scanner monitoring has revealed police misconduct, racial slurs, coordination of excessive force, and discrepancies between official accounts and actual events. Encryption eliminates this watchdog function.
Public Safety Information
During emergencies, journalists relay critical safety information heard on scanners. Encryption cuts off this channel, leaving the public dependent on delayed official alerts.
Case Study: Chicago
After Chicago Police encrypted their radios, journalists documented significant impacts:
- A 40-shots-fired incident went unreported for over 30 minutes
- Breaking news coverage became dependent on police press releases
- Reporters could no longer verify police statements in real time
- Accountability journalism was severely hampered
What Some Departments Offer (And Why It's Not Enough)
Delayed Feeds
Some departments offer delayed audio (15-30+ minutes). This eliminates news value for breaking events and doesn't support real-time safety reporting.
Inadequate for journalismCredentialed Access
A few departments offer encrypted radio access to credentialed journalists. This creates dependency on police approval and can be revoked—the opposite of press freedom.
Creates dangerous dependencyPress Release Notification
Being added to a press release list doesn't replace scanner access. Releases are delayed, curated, and don't provide the detail or real-time updates that scanners did.
Not a replacementHybrid Systems (Best Option)
Departments can encrypt tactical channels while keeping routine dispatch open. This protects sensitive operations without eliminating public access entirely.
Advocate for thisPress Freedom Organizations Fighting Encryption
RTDNA
Radio Television Digital News Association
Consistently opposes encryption; provides resources for newsrooms fighting it.
SPJ
Society of Professional Journalists
Includes scanner access in Freedom of Information advocacy; tracks encryption nationwide.
State Press Associations
California News Publishers, Texas Press Association, etc.
Many state associations have taken positions against encryption and support member advocacy.
Reporters Committee
Reporters Committee for Freedom of the Press
Provides legal resources and tracks press freedom issues including scanner access.
What Journalists Can Do
Write and Publish
- Editorials opposing encryption in your publication
- News coverage of encryption decisions and impacts
- Investigations into how encryption decisions were made
- Stories about what's lost when scanners go dark
Attend and Speak
- City council meetings when encryption is discussed
- Police commission or oversight board meetings
- Public hearings and comment periods
- As a journalist, your voice carries significant weight
Build Coalitions
- Connect with other news outlets in your market
- Partner with state press associations
- Join broader transparency coalitions (ACLU, community groups)
- Coordinate with national press freedom organizations
Document and FOIA
- Request all records about encryption decisions
- Document incidents where encryption harmed coverage
- Track police claims about scanner-related harm (usually unsupported)
- Build evidence for public and legal advocacy
Talking Points for Editorial Boards
Public Accountability
"When police control all information about their activities, independent oversight becomes impossible. Scanner access is a check on power that serves the public interest."
No Evidence of Need
"Ask for documentation of any incident where scanner access harmed an investigation or officer in this jurisdiction. In most cases, none exists. Encryption is a solution without a documented problem."
Process Matters
"This decision was often made without public input or council vote. Major transparency decisions should involve elected officials and the community."
Better Solutions Exist
"Hybrid systems protect sensitive communications while keeping routine dispatch open. Other cities have implemented these successfully."
Setting Up a Newsroom Scanner
If your newsroom doesn't have scanner monitoring set up—or if you're in an area that's still unencrypted—here's how to get started:
1. Check Encryption Status
Before investing in equipment, verify your local agencies aren't encrypted. Check Broadcastify and RadioReference for your jurisdiction.
2. Choose Your Method
- Scanner apps (free/cheap) — Broadcastify, Scanner Radio
- Physical scanner — Uniden SDS100 for digital systems
- Web streaming — Browser-based monitoring
3. Assign Monitoring
Designate someone to monitor scanners during news hours. Consider audio recording for reference and verification.
4. Protect Your Access
If encryption is proposed, mobilize immediately. Once implemented, reversal is much harder.
Frequently Asked Questions
Is it legal for journalists to use police scanners?
Yes. Journalists have the same rights as any citizen to own and use police scanners. Scanner use for newsgathering is protected First Amendment activity. No credentials or special permits are required.
Can journalists listen to encrypted police radio?
No. Encryption blocks everyone equally—journalists have no special access. Some departments offer delayed feeds or credentialed access, but most offer nothing. This is why press freedom organizations strongly oppose encryption.
What do press freedom organizations say about encryption?
RTDNA (Radio Television Digital News Association) ranks police encryption as one of the top threats to journalism. SPJ (Society of Professional Journalists), state press associations, and First Amendment groups universally oppose blanket encryption.
How do I cover breaking news without scanner access?
Options are limited: monitor social media (unreliable), wait for press releases (delayed), cultivate sources (time-consuming), or request official notification systems (rarely offered). All are inferior to real-time scanner access.
What can journalists do to fight encryption?
Write editorials, attend council meetings, join coalitions with other stakeholders, file FOIA requests about encryption decisions, and make it a visible public issue. Media voices carry significant weight in these debates.
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
See how encryption has affected real communities - from Highland Park to Chicago.
View CasesSpread Awareness
Share evidence about police radio encryption with your network and community.
Public Testimony
Learn how to speak effectively at city council and public safety meetings.
Prepare to Speak