A federal judge has blocked an Arizona law that would have made it illegal for citizens to record law enforcement officials within eight feet.
U.S. District Judge John J. Tuchi sided with the American Civil Liberties Union (ACLU), Arizona Broadcasters Association, and multiple news outlets that accused the law of being a “blatant attempt to gut the First Amendment protections for recording police.”
The ACLU argued in its court filing that authorities could potentially arrest a reporter for recording video while in a crowd during a protest if a police officer “walks towards the reporter and breaches the eight-foot distance” that stifles the reporter’s ability to move away.
The Daily Wire reports:
The law would have allowed ‘subjects of police contact’ – including the person being questioned, searched or arrested, or any occupant of a vehicle that has been pulled over – to record the police within 8 feet so long as the act of recording did not interfere with any lawful police action. Observers on private property would have also been allowed to film within 8 feet of a police encounter unless filming interfered with police action or police deemed the area unsafe.
The law reads that authorities could charge a person violating the law with a class 3 misdemeanor resulting in $500 in fines, up to 30 days in jail, and up to a year of probation.
A deadline of Sept. 16 is set for anyone who wants to defend the law, however, Arizona attorney general Mark Brnovich‘s office signaled it has no plans to intervene.
Former police officer and sponsor of the law state Rep. John Kavanagh told The Associated Press that Brnovich took him by surprise when he did not move to defend the law.
“I was assuming that the attorney general would do his job as the state’s attorney and defend a law passed by the state,” Kavanagh said. “We are trying to get together with the (House) speaker and the (Senate) president and see if the Legislature will defend it, but there’s also the possibility of some outside group possibly stepping up.”
Outlets that sued include Phoenix Newspapers Inc., parent of The Arizona Republic; Gray Television; Scripps Media; KPNX-TV; Fox Television Stations; NBCUniversal Media; the Arizona Broadcasters Association; States Newsroom; Arizona Newspapers Association; and the National Press Photographers Association.
Some Arizona Republicans attempted to defend the piece of legislation by arguing officers would have protection from people filming them with ill intentions.
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“officers would have protection from people filming them with ill intentions.”
Yes, but they would also be protected from people filming THEIR ill intentions. Why would any police officer NOT want a recording of his actions, since people are so quick to claim brutality these days? A recording can verify an officer’s account of events.
It is a rare event these days, but I am with the ACLU on this, probably not for the same reason, though.
Well, i see each persons view. However if the recording is allowed it should be able to be seized immediately for evidence. Also, if a cop is being threatened by a criminal or being injured by a thug, and a person is filming instead of helping the cop, then there should be a law against the person not helping the cop. This is pathetic that this is even an issue. Cops need all the help they can get! I bet you there are more criminal than there are of bad cops