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PHOENIX (AP) — Republican leaders in the Arizona legislature won’t try to defend a new law restricting close-range filming of police that has been blocked by a federal judge, a decision that essentially ends the controversy Proposal fight.
Both Senate President Karen Fenn and House Speaker Rusty Powers said they would not intervene in the case before the Friday deadline set by a federal judge. Temporarily block the new law It went into effect last week on the grounds of the First Amendment.
The bill’s sponsor, Republican Rep. John Kavanagh, said Friday he has been unable to find an outside group to defend the bill, which has been challenged by news media groups and the American Civil Liberties Union.
These groups will now demand the law, Set to take effect next weekis permanently blocked.
Kavanagh said he would review U.S. District Judge John J. Tucci’s ruling to see if he could create a law that would pass the constitutional requirement. He said laws were needed to prevent people from distracting police when they tried to make an arrest, but Tucci agreed with the challenger that it violated precedent that the public and the media have the right to film police work.
Tuchi noted that Arizona already has laws against police interference, and that singling out whoever filmed the video would appear to be unconstitutional on the surface. In his ruling, he wrote that prohibiting someone from recording with a cell phone or news camera — without prohibiting other actions — is a content-based restriction and is illegal.
“If the goal of HB2319 is to prevent interference with law enforcement activities, then the court cannot see how the presence of a person recording video near an officer could interfere with the officer’s activities,” Tuchi wrote.
The law makes it illegal to intentionally shoot a police officer 8 feet (2.5 meters) or closer if the officer tells the person to stop. On private property, officials can order that person to stop filming if it is determined that someone is interfering or the area is unsafe, even if the recording is being done with the owner’s permission.
Cellphone videos of bystanders are largely believed to reveal police misconduct – such as George Floyd killed in 2020 In the hands of Minneapolis police officers — and reshape the conversation around police transparency. But Arizona Republican lawmakers say legislation is needed to limit those who deliberately obstruct police use of cameras.
The ACLU and the National Association of Press Photographers have repeatedly warned Kavanagh and the legislature that the proposal would violate the First Amendment, but it passed with Republican support. The NPPA, on behalf of itself and two dozen news groups and media companies, including the Associated Press, also wrote to Republican Gov. Doug Ducey after the measure passed, telling him it was unconstitutional and urging a veto. Regardless, Ducey signed the bill.
Mickey H. Osterreicher, general counsel for the Photographers Association, called the law “an unconstitutional solution to a problem that doesn’t exist.”
“It’s always easier to write a letter than to file a lawsuit,” he said. “But some people like to do it the easy way, while others are forced to do it the hard way.”
Republican Attorney General Mark Brnovich refused to defend the law once the coalition of media groups and the ACLU filed a lawsuit, as did the attorney and sheriff’s office in Maricopa County, where Phoenix is located.
Bowles said he and fellow Republicans ignored opponents who said the bill was unconstitutional and basically said “let’s try it out and see what happens.”
“But when you actually start spending money, no,” Powers said. “Let’s wait until next year.”
Copyright 2022 The Associated Press. all rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
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