Louisiana law that could limit filming of police hampers key tool for racial justice, attorneys say

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Civil rights attorneys say a new Louisiana law that makes it a crime to approach within 25 feet of a police officer under certain circumstances is an affront to the movement for racial justice and violates the First Amendment. Critics have said the law signed this week by Republican Gov.

FILE - Louisiana Gov. Jeff Landry speaks during the start of the special session in the House Chamber, Jan. 15, 2024, in Baton Rouge, La. Jeff Landry could hinder the public’s ability to film officers. A new Louisiana law that makes it a crime to approach within 25 feet of a police officer under certain circumstances is an affront to the movement for racial justice and violates the First Amendment, civil rights attorneys say.

The Louisiana measure’s author, state Rep. Bryan Fontenot, said the legislation was drafted to provide officers “peace of mind and safe distance to do their job.” “The key in every other state is, ‘Are you disrupting the conduct of the officer? ’"said Gerry Weber, a constitutional law expert in Atlanta who has represented numerous people in lawsuits over filming police misconduct. “One of the problems with the Louisiana law is it creates a presumption that one is interfering if they’re within 25 feet and they have been given a warning.”

The Louisiana law does not specifically mention filming. It prohibits “knowingly or intentionally” approaching an officer who is “lawfully engaged in the execution of his official duties” after being ordered to “stop approaching or retreat.” Violators face up to a $500 fine, up to 60 days in jail, or both. It goes into effect on Aug. 1.

“What are they saying? How are they conducting themselves?” she said. “There are in fact very few ways for the public to hold these public servants accountable for their actions.”

 

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