Federal judge blocks Arizona law restricting filming of police

A federal judge blocked an Arizona law on Friday that was set to ban the recording of police within 8 feet of a “law enforcement activity.” 

U.S. District Judge John Tuchi granted a preliminary injunction requested by the American Civil Liberties Union (ACLU) of Arizona and multiple media outlets, which argued that the law violates the First Amendment rights of journalists and the public. 

The law, which Gov. Doug Ducey (R) signed into law in July and was set to go into effect later this month, prohibits people from recording law enforcement activity in the 8-foot radius if they know or reasonably should know the activity is occurring. They are also not allowed to record if an officer warns them that an activity is happening. 

The law defines a law enforcement activity as the questioning of a “suspicious” person, arresting someone, issuing a summons, enforcing the law or handling an “emotionally disturbed or disorderly person” showing “abnormal” behavior. 

Tuchi ruled that any motions to intervene with the injunction should be filed by next Friday, Sept. 16. 

The plaintiffs argued in the case that video recordings of law enforcement activity are acts of speech and expression that are related to public concern and therefore protected by the First Amendment. They said it violates the amendment because it criminalizes protected speech based on content. 

K.M. Bell, a staff attorney for the Arizona ACLU, said in a statement that the law is a “blatant” attempt to prevent people from exercising their constitutional rights, and that the ACLU is glad the court is taking action to stop it. 

“Today’s ruling is an incredible win for our First Amendment rights and will allow Arizonans to continue to hold police accountable,” Bell said. “At a time when recording law enforcement interactions is one of the best tools to hold police accountable, we should be working to protect this vital right – not undermine it.” 

Attorney General Mark Brnovich (R), who was named as a defendant in his official capacity as the state’s top law enforcement official, filed a motion last week announcing that he would not oppose the motion for a preliminary injunction. He said in a court filing that he is not the proper party to defend the law and would notify the heads of the Arizona state legislature that county and local prosecutors are the right parties. 

Rachel Mitchell, a Maricopa County attorney, who was also named as a defendant, said in a filing the next day that she and the third listed defendant, Maricopa County Sheriff Paul Penzone, wouldn’t oppose the motion. 

Video recordings of police engagements with civilians have played a key role in several cases of police brutality allegations in recent years. Prosecutors used bystander video of the police killing of George Floyd in 2020 in their case against former Minneapolis police officer Derek Chauvin, who was convicted of murder.