On Wednesday, July 6th, Governor Doug Ducey of Arizona signed a law that makes it illegal to record videos within eight feet of police activity. This limits efforts to increase transparency around the police. Civil rights and news media organizations have objected to the law as a violation of the First Amendment.
The sponsor for the bill was state representative John Kavanagh, who proposed the bill after police officers contacted him about “groups hostile to the police.” Kavanagh said that there was little reason for bystanders to be this close to the police and that the law would protect people from getting too close to dangerous situations and help keep them from interfering with police work.
According to the New York Times, “Under [AZ] law, it is illegal for someone to record law enforcement officers if the person is within eight feet of an area where the person knows, or should “reasonably” know, that law enforcement activity is occurring, or if they receive a verbal warning from an officer about the rule.”
A violation of this new law would be a misdemeanor, with up to 30 days in jail and fines of up to $500.
There are exceptions for those on private property, in a vehicle stopped by the police, and those who are the subjects of police contact. However, there is no such exception for journalists.
Cellphone videos of fatal police encounters have garnered much attention, used as prominent evidence in courtrooms, and sparked massive protests. For example, Darnella Frazier used her cellphone to record police officer Derek Chauvin kneeling on George Floyd’s neck. This sparked massive protests such as Black Lives Matter, with thousands of people protesting. The video also contradicted the Minneapolis Police Department’s initial report and was used as evidence against Chauvin in court.
Alan Chen, law professor at the University of Denver, said there were many questions about how this law would be enforced. One question was how people should respond should a police officer move toward them while they were recording from over eight feet away.
This law could also potentially violate the First Amendment. The First Amendment guarantees freedom of speech, press, religion, and assembly. This new law could be seen as preventing freedom of the press.
The National Press Photographers Association sent a letter to Mr. Kavanagh saying the bill violated constitutional free speech and press protections. Over 20 media corporations signed the letter.
Whether this law gets struck down by the Supreme Court or it goes into effect, this will certainly be a source of debate for Arizonians in the coming days.
Original Article: https://www.nytimes.com/2022/07/09/us/arizona-recording-police-8-feet.html
Supporting Articles: https://constitution.congress.gov/constitution/amendment-1/
https://nppa.org/sites/default/files/HB%202319%20Opposition%20Letter%2002-18-22%5B3%5D.pdf
The sponsor for the bill was state representative John Kavanagh, who proposed the bill after police officers contacted him about “groups hostile to the police.” Kavanagh said that there was little reason for bystanders to be this close to the police and that the law would protect people from getting too close to dangerous situations and help keep them from interfering with police work.
According to the New York Times, “Under [AZ] law, it is illegal for someone to record law enforcement officers if the person is within eight feet of an area where the person knows, or should “reasonably” know, that law enforcement activity is occurring, or if they receive a verbal warning from an officer about the rule.”
A violation of this new law would be a misdemeanor, with up to 30 days in jail and fines of up to $500.
There are exceptions for those on private property, in a vehicle stopped by the police, and those who are the subjects of police contact. However, there is no such exception for journalists.
Cellphone videos of fatal police encounters have garnered much attention, used as prominent evidence in courtrooms, and sparked massive protests. For example, Darnella Frazier used her cellphone to record police officer Derek Chauvin kneeling on George Floyd’s neck. This sparked massive protests such as Black Lives Matter, with thousands of people protesting. The video also contradicted the Minneapolis Police Department’s initial report and was used as evidence against Chauvin in court.
Alan Chen, law professor at the University of Denver, said there were many questions about how this law would be enforced. One question was how people should respond should a police officer move toward them while they were recording from over eight feet away.
This law could also potentially violate the First Amendment. The First Amendment guarantees freedom of speech, press, religion, and assembly. This new law could be seen as preventing freedom of the press.
The National Press Photographers Association sent a letter to Mr. Kavanagh saying the bill violated constitutional free speech and press protections. Over 20 media corporations signed the letter.
Whether this law gets struck down by the Supreme Court or it goes into effect, this will certainly be a source of debate for Arizonians in the coming days.
Original Article: https://www.nytimes.com/2022/07/09/us/arizona-recording-police-8-feet.html
Supporting Articles: https://constitution.congress.gov/constitution/amendment-1/
https://nppa.org/sites/default/files/HB%202319%20Opposition%20Letter%2002-18-22%5B3%5D.pdf
