Arizona Makes It Illegal For Bystanders To Record Cops At Close Range

Arizona passed a law making it harder to record police by limiting how close bystanders can be while recording specified law enforcement activity. […] The new Arizona law requires any bystanders recording police activity in the state to stand at a minimum of 8 feet away from the action. If bystanders move closer after police have warned them to back off, they risk being charged with a misdemeanor and incurring fines of up to $500, jail time of up to 30 days, or probation of up to a year. Sponsored by Republican state representative John Kavanagh, the law known as H.B. 2319 makes it illegal to record police at close range. In a USA Today op-ed, Kavanagh said it is important to leave this buffer for police to protect law enforcement from being assaulted by unruly bystanders. He said “there’s no reason” to come closer and predicted tragic outcomes for those who do, saying, “Such an approach is unreasonable, unnecessary, and unsafe, and should be made illegal.”

This week, Kavanagh has succeeded in making close-range recording illegal in Arizona, with only a few exceptions. Perhaps most critically, the person involved in the police activity — someone being questioned, arrested, or handled by police — can record, as long as it doesn’t interfere with police actions. The same exception extends to anyone recording while in a vehicle involved in a police stop. Additionally, anyone recording activity from an enclosed structure on private property still has a right to record police within 8 feet — unless law enforcement “determines that the person is interfering” or “it is not safe” for them to be in the area. That caveat potentially gives police a lot of discretion over who can record and when.

Kavanagh said he decided to push for this change in Arizona law after some Tucson officers complained that bystanders sometimes stood a foot or two behind them while recording arrests. The state representative also told USA Today that his decision to set the minimum distance at 8 feet “is based upon 8 feet being established by the US Supreme Court as being a reasonable distance as they applied it to people entering and leaving abortion clinics when faced with protesters.” Responding to critics who think citizens should be able to get closer to law enforcement activity, Kavanagh said, “The argument that filming from 8 feet away does not allow for a proper view of the scene is ridiculous.” He cited impactful police brutality recordings that were recorded from further distances, including Rodney King (100 feet) and Freddie Gray (“clearly 8 to 10 feet away”). In 2017, a federal appeals court ruled that the First Amendment protects individuals’ right to film police officers performing their official duties.

The ACLU says this law is a “chilling” use of the “public’s most effective tool against police wrongdoing in violation of our First Amendment rights.” ACLU staff attorney K.M. Bell added: “By limiting our ability to record police interactions, this law will undoubtedly make it even more difficult to hold police officers accountable for misconduct.”