“Arizona Gov. Doug Ducey, a Republican, signed a bill into law Wednesday that will make it illegal to film the police within eight feet.
The legislation, H.B. 2319, makes it a misdemeanor offense to continue filming police activity from within eight feet of an officer after receiving a verbal warning. The bill originally restricted filming the police from no closer than 15 feet away, but it was amended after criticisms.
There are also exceptions for filming the police in a private residence, during a traffic stop, and for the subject of a police encounter. But the law qualifies those exceptions, saying they apply only if the person recording is “not interfering with lawful police actions,” or “unless a law enforcement officer determines that the person is interfering in the law enforcement activity or that it is not safe to be in the area and orders the person to leave the area.”
Interfering with police, or obstruction of justice, is one of the most frequently cited justifications for frivolous and retaliatory arrests.”
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“”Can you be arrested for standing still while wearing a GoPro under this statute?” Doucette asked. “It seems the answer here is yes, which would violate the First Amendment (since standing still isn’t interfering with an officer’s duties).””
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“State legislators should be less concerned with cops’ feelings and more concerned about citizens’ right to document how armed government agents go about their business. Giving officers another discretionary offense to slap on someone who annoys them will lead only to more confusion and more censorship.”