The Arizona legislature last year passed a law (H.B. 2319 codified at A.R.S. § 13-3732) banning the video recording of police activity within eight feet of officers, making doing so a class 3 misdemeanor (which would allow for up to 30 days in jail). The law included some exceptions, such as for “a person who is the subject of police contact.”
A coalition of news organizations and the ACLU of Arizona sued state and county government officials in federal court arguing that the law was unconstitutional. EFF filed an amicus brief in support of the plaintiffs in the district court.
We are happy to report that the court in the case, Arizona Broadcasters Association v. Mayes, recently entered a stipulated permanent injunction in favor of the plaintiffs, pursuant to a settlement between the parties. The order prevents Arizona government officials from enforcing the law.
The court’s order includes strong language in favor of the right to record the police. The order declares that the law violates the First Amendment because “there is a clearly established right to record law enforcement officers engaged in the exercise of their official duties in public places.” This conclusion reflects Ninth Circuit precedent (of which Arizona is a member), as well as that of
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