A federal judge has struck down an Arizona law that restricts the recording of law enforcement, declaring the law unconstitutional.
Under the law, if the officer tells the person to stop recording, then it’s illegal to knowingly film law enforcement at 8 feet or closer. If the person recording the video refuses to stop, they could face a misdemeanor charge and a maximum of 30 days in jail if convicted.
Also under the legislation, officers on private property would be able to order a person to stop filming if the officer deems that the person is interfering or that the area is unsafe.
The judge’s latest ruling permanently blocks enforcement of the law that he suspended via a temporary injunction in September 2022. The legislation has never taken effect.
As part of the settlement agreement, the attorney general’s office also acknowledges that “there is a clearly established right to record law enforcement officers engaged in the exercise of their official duties.”
The approval of the settlement also means that the attorney general’s office will reimburse the plaintiffs $69,000, of which $23,000 goes to the plaintiff ACLU of Arizona and $46,000 goes to plaintiffs in care of their attorneys.
“It should send a message to the state legislature that if they persist in passing legislation that is unconstitutional, it’s going to get overturned in the courts, and it’s going to cost the state money, both to defend such laws and attorney’s fees to the plaintiffs who have to go to court to overturn those laws.”
Bystander cell phone videos are largely credited with revealing police misconduct—such as during the 2020 arrest of George Floyd—and in reshaping the conversation around police transparency. But Republican Arizona lawmakers initially said the legislation was needed to address deliberate impediment of police work by people with cameras.