PHOENIX — A proposed law awaiting the signature of Governor Ducey would place limits on citizens who want to video record police in public. The bill passed by Arizona’s Republican-led legislature bans people from recording police officers within 8 feet, unless the officer gives permission.
Violators would face a petty offense charge. Those who refuse to stop recording when an officer orders it would be subject to a 30-day jail sentence.
The bill’s sponsor, State Representative John Kavanagh, said police should have a reasonable expectation for citizens recording police to stay 8 feet away “to prevent a potentially dangerous situation.”
“I think this fully conforms with constitutionality and weighs officer safety with the citizens’ right, the public’s right, to see law enforcement officers in action,” Kavanagh told the Associated Press earlier this year.
Opponents point out there is a law already on the books that says citizens cannot interfere with officers doing their job and legal experts said the law could face legal challenges.
“With cell phone cameras, it just became more and more common for bystanders to whip out a camera and start recording police,” said Gregg Leslie of the ASU First Amendment Clinic. “Those people were often arrested and courts were asked, ‘Is there a right to record police in the performance of their duty in public?’ And any court that has directly answered that question has said, yes, there is.”
Leslie said an 8-foot threshold might also be difficult to enforce.
“I think in most cases that I can see it coming up, the court would say this is a direct regulation of constitutionally protected conduct and it won’t be applied,” Leslie said.
The original version of the bill set the limit at 15 feet.
Exceptions to the 8-foot rule include people in their cars during traffic stops, people directly involved with the police encounter, and events that unfold on private property.
Media groups including the Associated Press said the measure raises constitutional issues and signed a letter in opposition to the bill.
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