By: Efran Zhao

The governor of Arizona has just signed a law that makes it illegal to record law enforcement

activities from within eight feet. The law, which was signed last Wednesday, July 6, will take effect in September.

The law 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.” Violation of this new law could result in jail time of up to 30 days or fines up to $500.

Civil rights groups and news media organizations across the country have criticized this law

as many major cases of violent and deadly police encounters had been recorded on a cell phone before, like the murder of George Floyd.

Back in February, The National Press Photographers Association wrote a letter denouncing

the bill, saying it was unconstitutional. “We are extremely concerned that this language violates not only the free speech and press clauses of the First Amendment, but also runs counter to the “clearly established right” to photograph and record police officers performing their official duties in a public place,” it said.

Alan Chen, a law professor at the University of Denver, has several questions about this new

law. For example, what would happen if someone was recording more than eight feet away, and the officer moved towards them?

“It might deter them from actually recording or might make them back up even further than

the eight feet that the law requires,” Mr. Chen said. “There’s certainly some First Amendment

concerns here.”

State Representative John Kavanagh, who introduced the bill, defended himself and the law

by stating that it was for the safety of the people. He believes that a video taken of police officers more than eight feet away can still capture all the details, while ensuring the safety of the recorder.

“I can think of no reason why any responsible person would need to come closer than eight

feet to a police officer engaged in a hostile or potentially hostile encounter,” he said. “Such an

approach is unreasonable, unnecessary and unsafe, and should be made illegal.”

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