PHOENIX (AP) — The Republican leaders of the Arizona Legislature will not try to defend a new law limiting up-close filming of police that has been blocked by a federal judge, a decision that essentially ends the fight over the contentious proposal.
Senate President Karen Fann and House Speaker Rusty Bowers both said they would not intervene in the case by the Friday deadline set by the federal judge when he temporarily blocked the new law from taking effect last week on First Amendment grounds.
And the bill's sponsor, Republican Rep. John Kavanagh, said Friday that he has been unable to find an outside group to defend the law, which was challenged by news media organizations and the American Civil Liberties Union.
The groups will now ask that the law, which was set to take effect next week, be permanently blocked.
Kavanagh said he will review U.S. District Judge John J. Tuchi's ruling and see if he can craft a law that passes constitutional muster. He said the law is needed to keep people from distracting police while they are trying to make an arrest, but Tuchi agreed with the challengers that it runs afoul of precedents that say the public and press have a right to film police doing their jobs.
Tuchi noted that there are already Arizona laws barring interfering with police, and that singling out people for taking videos appears to be unconstitutional on its face. And he wrote in his ruling that barring someone from using a phone or news video camera to record — without banning other actions — is a content-based restriction that is illegal.
“If the goal of HB2319 is to prevent interference with law enforcement activities, the Court fails to see how the presence of a person recording a video near an officer interferes with the officer’s activities,” Tuchi wrote.
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