EDITORIAL: Judge nixes silly Arizona statute

If you physically try to stop a police officer from doing his or her job, you’re likely to be arrested. You could be preventing officers from stopping a serious crime or even saving a life.

But simply filming the police as they perform their duties is an entirely different matter.

Last year, Arizona Republicans passed legislation making it a crime for bystanders to film “law enforcement activity” while too close to police. “Too close” was defined as 8 feet away. Those who refused to comply after receiving a verbal warning faced misdemeanor charges. There were exceptions, including for passengers in a car or someone in a private residence.

The proposal was met with immediate backlash from media organizations and civil rights groups. First Amendment, anyone? The arbitrary 8-foot standard was just that — plucked out of the blue in an effort to intimidate bystanders from pulling out their cameras to catch the cops in action.

Even the bill’s sponsor, state Sen. John Kavanaugh, a Republican who represents a northeast Phoenix-area district, admitted in a newspaper op-ed that he offered the proposal at the behest of Tucson police officers who were upset that a group of would-be Francis Ford Coppolas were following around local officers in an effort to document police misconduct.

A federal judge last year temporarily blocked implementation of the legislation. Last week, he tossed the law altogether. “The law prohibits or chills a substantial amount of First Amendment protected activity and is unnecessary to prevent interference with police officers given other Arizona laws in effect,” wrote U.S. District Judge John J. Tuchi.

It’s worth noting that Arizona barely bothered to defend the statute — which raises the question of why lawmakers passed this inane proposal in the first place. Mr. Kavanaugh, who just happens to be a former law enforcement officer, said he was unable to find an outside group to fight for the legislation.

Whether the police like it or not, filming in a public area is a constitutionally protected activity. As the judge pointed out, laws already exist to prosecute those who prevent police officers from doing their jobs.

The law was especially ridiculous given that many police agencies now equip their officers with body cameras that document confrontations and the footage is often available to the public. And don’t forget that filming works both ways. While the camera may reveal law enforcement wrongdoing, it can also protect officers from unfounded allegations leveled by wrongdoers.

The Arizona bill was unconstitutional on its face. If law enforcement officers are afraid of being filmed, they should adjust their conduct accordingly rather than try to conceal it. Judge Tuchi hit this softball out of the park.