Arizona’s Wednesday bill will make it illegal for police officers to capture video within 8 feet of any law enforcement activity.
The law, which will take effect in September, was sponsored and signed by John Kavanagh, a state representative. Doug Ducey and both Republicans.
The law says that it is illegal for anyone to make a video recording of law enforcement activities if they are within eight feet of the place where they know or should reasonably know that such activity is taking place.
After being warned to back up, anyone who records police within 8 feet of them can be charged with a misdemeanor.
The law covers situations where a police officer is conducting an investigation, making an arrest, issuing summons, or enforcing law, and dealing with an emotionally disturbed individual who is exhibiting unusual behavior.
There are exceptions to this rule for police activity on private land. However, the officer can make an order to remove the recording if he or she believes the person is interfering with law enforcement activities.
A person subject to police activity may also be recorded, provided they are not being searched, handcuffed or subjected a field sobriety exam.
People in vehicles that have been stopped by police may record “if they are not interfering lawful police actions,” according to the law.
In February, the National Press Photographers Association wrote a protest letter against the bill. They claimed it was illegal. The bill at the time stated that police officers could not be filmed from less than 15 feet.
The letter signed by The Associated Press and The New York Times Company, read: “We are extremely worried that this language violates both the free speech, press clauses, and also runs counter the “clearly established rights” to photograph or record police officers performing official duties in a place.”
The letter stated that “we believe that requiring “permission from a law enforcement officers” and setting a minimum distance between the officer and the person recording would not survive a Constitutional challenge.”
Kavanagh stated in a March op ed that he had made concessions to the bill by lowering the buffer area and adding exceptions.
He stated that he presented the bill to ensure safety. Kavanagh stated that it was dangerous to get too close to police officers during stressful situations.
He said that he believed the law would not affect the integrity recordings of police officers. He wrote that a video taken at 8 feet from the scene would likely capture it all, giving more context.
