The American Civil Liberties Union and several media outlets sued Arizona over a law set to go into effect in September that would make it illegal to film police within 8 feet without an officer’s permission.
Violators of the law would face misdemeanor charges if they stand 8 feet away or closer while filming a police officer conducting an arrest, interrogating a suspicious person, or handling a person who is exhibiting abnormal behavior. The ACLU and 10 media outlets that filed the suit claim the measure violates First Amendment rights.
“This law is a violation of a vital constitutional right and will severely thwart attempts to build police accountability. It must be struck down before it creates irreparable community harm,” the ACLU wrote in a statement on its blog.
ARIZONA GOVERNOR SIGNS BILL TO BAN PUBLIC FROM VIDEOTAPING POLICE WITHIN 8 FEET
Gov. Doug Ducey (R-AZ) signed the law, sponsored by Republican state Rep. John Kavanagh, in July. The law also includes a provision to allow an officer to order someone to stop filming even if they are on private property and filming with the owner’s consent.
“Nobody walks up to a cop when he is questioning a suspicious person or arresting somebody and stands 1 or 2 feet away. Common sense says you’re asking for trouble,” Kavanagh said on Arizona PBS, dismissing concerns that the law could further cause distrust in law enforcement.
Still, bystander videos of police have been crucial in exposing police misconduct, including the case against former Minneapolis police officer Derek Chauvin who was found guilty of the May 2020 killing of George Floyd.
Some of the media groups that joined the lawsuit include the National Press Photographers Association and several local news outlets including an NBC News affiliate.
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The lawsuit comes as the Phoenix Police Department, the largest law enforcement department in the state, is currently under investigation by the Justice Department for allegations involving excessive force, discriminatory policing, and retaliation against protesters in the weeks after Floyd’s death.
The Washington Examiner contacted the office of the state attorney general.
