Arizona to Ban Recording Police Within Eight Feet

Sounds a tad unconstitutional.

Arizona Gov. Doug Ducey (R) in 2021Randy Hoeft/The Yuma Sun/AP

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

A new Arizona law will make it illegal for people to film police activity from less than eight feet away in most circumstances, raising questions about the limits of the First Amendment and the public’s role in police accountability.

The law, signed by Republican Gov. Doug Ducey on Wednesday and set to take effect in September, states that “it is unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording is within eight feet of where the person knows or reasonably should know that law enforcement activity is occurring” and if the person continues recording despite a verbal warning from police.

The law includes exceptions for “a person who is the subject of police contact,” occupants of a vehicle stopped by police, and people who are filming in an enclosed structure on private property—but not for journalists. 

Bystander videos of law enforcement activity have prompted cries for police reform across the country, and, as in the case of George Floyd, have been instrumental in securing justice following police violence. The bill’s sponsor said in an op-ed that the legislation aims to prevent people from interfering with law enforcement, but critics argue that it will lead to decreased visibility of police misconduct and that it infringes on First Amendment rights.

In a letter signed by more than 20 media organizations, the National Press Photographers Association argues that the law violates the “‘clearly established right’ to photograph and record police officers performing their official duties in a public place.” Alan Chen, a law professor at the University of Denver, told the New York Times that he believed the Supreme Court would hear a case about the right to record police in the near future. Here’s hoping they love the First Amendment just as much as they love the Second.

Fact:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and billionaires wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2024 demands.

payment methods

Fact:

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2024 demands.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate