House Bill 2319, sponsored by Rep. John Kavanagh, makes it illegal for anyone within 8 feet of law enforcement activity to record police. Violators could face a misdemeanor, but only after being verbally warned and continuing to record anyway.
Exceptions were made for people at the center of an interaction with police, anyone standing in an enclosed structure on private property where police activity was occurring and occupants of a vehicle stopped by police as long as recording in those instances didn’t interfere with police actions.
It goes into effect on Sept. 24.
Kavanagh wrote in an op-ed said HB 2319 was meant to protect officers from potential harm or distraction outside of the incident they were already involved in. He initially introduced the bill with a 15-foot restriction that was later amended down to address concerns it would be unconstitutional.
But many people, including First Amendment experts, continued to oppose the bill, stating it was unconstitutional at its core, lacked specificity and granted police too much discretion. Various news organizations, including Gannett, the company that owns The Arizona Republic, also signed letters from the National Press Photographers Association opposing the bill.
Bystander videos of police have become increasingly common and, at times, expose police misconduct. It was instrumental in the case against former Minneapolis police Officer Derek Chauvin, who was filmed killing George Floyd and ultimately convicted for his murder.
All the police in Arizona need to do to make recording police brutality even from a distance illegal now is directly approach someone collecting evidence of their potential misconduct and demand they surrender their recording device this is extremely obvious as cops are already known to attempt to intimidate bystanders to their violent crimes this way.
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