13 Actions Many Believe Are Illegal But Are Legal
Did you know that there are actions that people usually fear might be illegal, only to find out they are legal? A recent survey in the US revealed that 60% of Americans had the wrong opinion that law enforcement actions were unlawful because they were unaware of state-specific regulations, received incomplete information, or believed what they were told was the truth.
Knowing these lawful but little-understood activities helps you understand your rights. Here are our 13 favorite actions assumed to be illegal in the US.
Recording Conversations You Are Part Of
Worrying that any recording of conversations is illegal everywhere is inappropriate. Whether or not it is legal depends on what state it is in. Under federal law and in 38 states, it is legal to record a conversation in which you’re a participant in the discussion (known as “one-party consent”).
However, be careful about California and Florida, which require all parties to consent to participate. Before you record any conversation, research the specific consent laws in your state.
Walking Barefoot in Public
Despite rumors and misconceptions, most locations do not have a law prohibiting walking around barefoot in public (like at restaurants and stores). The confusion is likely due to business sanitation policies rather than legal restrictions.
There are no federal or state laws regarding footwear in public places. Private rules are applied instead of legal codes; businesses, for example, may enforce footwear policies.
Flashing Your Headlights to Warn Other Drivers
Drivers are deemed unlawful to flash their headlights, especially to warn their colleagues of speed traps or patrols. However, courts in states like Oregon and Florida have said this is protected free speech under the First Amendment.
In 2014, Jackson County Justice Court Judge Joe Charter found that a sheriff’s deputy went too far when he ticketed a commercial truck driver who used his high beams to warn another driver of patrol cars.
Talking About Your Salary With Coworkers
The good news is that your employer can’t stop you from discussing salaries with your coworkers. The National Labor Relations Act (NLRA) protects this right, so we don’t discriminate and can remain transparent about pay.
The Department of Labor says that the publication of salary information can reveal wage gaps and job discrimination.
Camping on Public Land
People often mistake camping on public land as trespassing. But you can legally camp (if you follow local regulations) in the national forest areas.
However, be sure to inquire whether the area you are traveling to allows camping for a certain number of days and whether there are any restrictions on the use of fire.
Flying the Flag Upside Down
On land, flying a flag upside down is not illegal but, by convention, a distress signal in maritime usage. The US Flag Code expressly condemns putting the US flag upside down.
It cites exceptions in cases where one is in dire distress or danger. The code, however, needs to be legally enforceable, which it’s not. Displaying a flag upside down is a constitutionally protected First Amendment right of free expression.
Driving Without Shoes
Believe it or not, driving barefoot is not illegal. Laws that specifically ban barefoot driving do not exist in any state of the US.
However, before you go barefoot, it’s best to remain cautious, as driving barefoot may result in reckless driving charges. Check the comfort and the way your car pedals barefoot to ensure this is safe for your situation.
Carrying a Sword in Public
Open-carrying a sword is legal in most US states — it sounds ridiculous, but it is. For example, Texas requires that you follow restrictions when carrying a sword greater than 5.5 inches, but you’re free to have it openly (schools excluded).
Collecting Rainwater
Unfortunately, in some states, rainwater harvesting is mistaken as illegal. Collecting rainwater is legal; however, some states, like Colorado and Utah, have certain conditions.
These states have relaxed their regulations. Did you know Colorado lifted its restrictions so residents can collect up to 110 gallons of rainwater for non-potable outdoor use?
Swearing at Police Officers
Swearing at a police officer is never a good idea and can spark an argument—although it isn’t illegal in the US. The Supreme Court has repeatedly stated that the First Amendment protects offensive words aimed at public figures. Be careful when picking your words, though—just because it’s legal doesn’t necessarily make it brilliant.
Burnishing US Currency
Generally, defacing currency, like drawing on dollars, is legal if the bill has not been altered beyond being indistinguishable.
Misconceptions often stem from laws prohibiting “fraudulent intent” when tampering with currency. Deciding to shred or alter currency to defraud individuals or banks is illegal; decorating a currency for personal use, however, is not.
Buying and Owning a Tank
A fully operational tank is something ripped straight out of a video game. Still, it’s 100% legal in the US if you comply with regulations and disable weaponry (the cannon).
It is legal for many tank enthusiasts to acquire decommissioned tanks for display or recreation purposes. An entrepreneur in Florida famously rents out tanks for $595 for “car crushing experience” events. Troy Lotane, the owner, says the experience makes a great Christmas present.
Cross-dressing
In the US, cross-dressing used to be criminalized; however, those laws are relics of the past. Today, all 50 states allow trans people to wear gender-different clothing, although some can still be subject to old social stigma.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information.