Critics of a new
Louisiana law that makes it a crime to approach within 25ft (7.6 meters) of a police officer under certain circumstances fear the measure could hinder the public’s ability to film officers – a tool that has increasingly been used to hold police accountable.
Under the law, anyone who is convicted of “knowingly or intentionally” approaching an officer who is “lawfully engaged in the execution of his official duties”, and after being ordered to “stop approaching or retreat”, faces a fine up to $500, as many as 60 days in jail or both. The law was signed by Governor Jeff Landry, a Republican, on Tuesday and goes into effect on 1 August.
While the legislation’s language does not specifically mention filming, critics say that by default it would limit how close a person can be to observe police. Opponents have also gone further to question the law’s constitutionality, saying it could impede on a person’s first amendment rights.
Proponents argue the new law will create a buffer zone to help ensure the safety of officers and that bystanders would still be close enough to film police interactions.
Bystander cellphone videos are largely credited with revealing police misconduct – such as with the 2020 killing of George Floyd at the hands of Minneapolis officers – and reshaping the conversation around police transparency.
An attempt to establish a specific range at which onlookers can record officers actively engaged in law enforcement duties has occurred elsewhere.
In 2022, lawmakers in Arizona passed a law that would have made it illegal to knowingly film police officers from 8ft (2.5 meters) or closer if the officer tells the person to stop. A coalition of media groups and the American Civil Liberties Union successfully sued to block Arizona’s law, with a federal judge ruling it unconstitutional, citing infringement against a clearly established right to film police doing their jobs.
In similar cases, half of the US appeals courts across the nation have ruled on the side of allowing people to record police without restriction.
The Louisiana measure’s author, the state representative Bryan Fontenot, said the legislation was drafted to provide officers “peace of mind and safe distance to do their job”.
“At 25ft, that person can’t spit in my face when I’m making an arrest,” Fontenot said while presenting his bill in a committee earlier this year. “The chances of him hitting me in the back of the head with a beer bottle at 25ft – it sure is a lot more difficult than if he’s sitting right here.”……..
https://www.theguardian.com/us-news/article/2024/may/30/louisiana-police-law?CMP=Share_iOSApp_Other