Phoenix police in riot gear at a 2010 neo-Nazi rally in downtown Phoenix. Photo by John Kittelsrud | Flickr/CC BY-NC-ND 2.0
BY: CAITLIN SIEVERS AND JIM SMALL || Ariona Mirror
An Arizona law that would make it illegal to create video recordings of police in certain circumstances will not go into effect Sept. 24 as planned, after a federal judge temporarily blocked its enforcement.
The judge on Friday morning granted a temporary injunction of the law, essentially putting the law on hold while a court case challenging it plays out.
The law would prohibit video recording of police officers within eight feet of where “law enforcement activity” is happening and if a person does not stop after being told to, they could face a class 3 misdemeanor and up to 30 days in jail.
The plaintiffs in the case, including the Arizona Mirror and other media and civil rights organizations, say that the law is unconstitutional because it violates First Amendment rights.
“It’s a gratifying victory,” said Matthew Kelly, attorney representing the plaintiffs. “I’m pleased that the judge recognized that this law is very likely unconstitutional on its face and it’s a great win for both journalists and anybody else in Arizona who wants to simply exercise their First Amendment right to record video of law enforcement performing their duties in public.”
Arizona Attorney General Mark Brnovich and Maricopa County Attorney Rachel Mitchell, who were named in the suit, both said last week that they would not defend the law in court.
