Starting in September, Arizona law will prohibit persons from filming police officers within 8 feet, with violations resulting in a misdemeanor. The measure, signed into law last week by Arizona Gov. Doug Ducey, was sponsored by State Rep. John Kavanaugh. Already, the law has caught flak from the media and civil rights groups, who fear the law can be easily abused.
In the law, not only is filming within 8 feet illegal; but so is filming when “the person knows or reasonably should know that law enforcement activity is occurring.” Officers must also give a verbal warning, at which point a person can be given a misdemeanor citation if they continue to film. As reported by the New York Times, violators could be fined up to $500 and even face 30 days in jail.
On private property, the law is slightly different. Individuals who have “authority” on such private property can record police interactions within 8 feet, as long as they are not interfering in any way.
Kavanaugh wrote an opinion piece for AZ Central in support of the law, where he claimed that the 8-foot restriction would help keep officers and civilians safe.
“I agreed to run this bill because there are groups hostile to the police that follow them around to videotape police incidents, and they get dangerously close to potentially violent encounters,” Kavanaugh wrote.
He added that staying 8 feet back from officers would not “harm the video’s integrity.”
The Arizona chapter of the American Civil Liberties Union (ACLU) claims that the law is unconstitutional. According to the ACLU, the law, known as H.B. 2319, is “chilling the use of the public’s most effective tool against police wrongdoing in violation of our First Amendment rights.”
A letter, headed by The National Press Photographers Association, was sent to Gov. Ducey asking him to veto the law. The letter was signed in support by 23 different press organizations, including the Associated Press, reports state.
