The proposed law that would make video recordings within eight feet of police activity illegal was passed on Monday by an Arizona state House committee after the Republican sponsor of the bill made changes designed to address constitutional concerns.
The law introduced by state Rep. John Kavanagh that would make it illegal to make video recordings of police in many circumstances was voted 7-5 by the House Appropriations Committee with no Democratic support.
The bill, if signed into law, would make exceptions for certain situations such as being questioned by police or stopped by police while in a vehicle and its violators would be charged with a petty offense and subject to a fine, but would not face jail time.
If the violator refuses to stop recording when a police officer gives orders, it would be a low-level misdemeanor subject to a 30-day jail sentence.
Before it heads to the Arizona House floor, the bill will be reviewed by the state House Rules Committee.
The measure, which originally proposed to make it illegal to record within 15 feet of an officer interacting with someone unless the officer gave permission, has been criticized by some as a potential violation of constitutional rights.
The National Press Photographers Association, which wrote in a letter in opposition to the bill supported by several media organizations, stressed that they’re extremely concerned.
According to them, Kavanagh bill’s language violates not only the First Amendment’s free speech and press clauses but also opposes the right – which is clearly established- to photograph and record police officers performing their official duties in a public place.
The letter said that letting a police officer decide on the spot what First Amendment-protected activity should be allowed would be problematic in many situations.
Defending the measure, Kavanagh said the proposed eight-foot distance was modeled after a Supreme Court ruling involving abortion protestors and, according to him, fully conforms with constitutionality and weighs officer safety with the citizens’ right, the public’s right, to see law enforcement officers in action.
Recording police actions has increased following the death of George Floyd, who died in police custody in Minneapolis in 2020 after the footage of the murder played a crucial role in police officer Derek Chauvin’s conviction and lead to widespread protests worldwide.
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