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New Arizona law limits bystanders from recording police officers and law enforcement incidents [1]

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Date: 2022-07-08

Exceptions to the law include people considered to be at the center of an interaction with police, including anyone standing in an enclosed structure on private property where police activity is occurring, and occupants of a vehicle stopped by police. Recordings are allowed in these situations as long as they do not interfere with police actions.

Sponsored by former police officer and Republican state Rep. John Kavanagh, the law was introduced to protect officers from potential harm or distraction outside of the incident they are already involved in, Kavanagh wrote in an op-ed.

According to Jurist, earlier drafts of the legislation banned recording within 15 feet of police encounters. The 15-foot restriction was amended due to issues of constitutionality. But despite the amendments, the bill continues to be opposed because it still infringes on First Amendment rights.

Experts noted that it is not only unconstitutional at its core, but grants police too much discretion and does nothing to enhance transparency.

“Now I have no problem with people video taping police activity, when they’re a reasonable distance away,” Kavanagh said.

While the bill concentrates on an eight-foot radius, it gives law enforcement officials the ability to extend the radius if deemed necessary. However, what is considered “necessary” is not specified.

The bill has faced criticism since its inception. When it first made its way through the house last month, Arizona House Democrats tweeted that this bill was “constitutionally suspect” and a “[s]tep in the wrong direction for law enforcement accountability & trust.”

x HB2319, Rep. Kavanagh’s constitutionally suspect bill to prevent public from filming police officers (within 8 ft) passes on party-line vote. Step in the wrong direction for law enforcement accountability & trust. Republicans want cameras on teachers & kids but not police. #AZLeg pic.twitter.com/5PhAdOZGuf — Arizona House Democrats (@AZHouseDems) June 24, 2022

Critics are also worried the law could violate civilians’ and police watchdog groups’ First Amendment rights. Arizona is clearly moving in the wrong direction. It’s worrisome to think how many incidents will happen with such a law in place. Even with video footage, officers often walk away without repercussions; with this law in place, police brutality could potentially increase as civilians shy away from recording and officers become emboldened.

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[1] Url: https://www.dailykos.com/stories/2022/7/8/2109022/-New-Arizona-law-limits-bystanders-from-recording-police-officers-and-law-enforcement-incidents

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