Gov. Doug Ducey should veto a bill making it a crime for many to film police

No good will come from making it a crime to film police officers at close range.

If anything, such a restriction would only deepen the broad distrust between police officers and some parts of the community they’re sworn to protect.

Officers of the law have an important job to do, and they shouldn’t be afraid to do so in a transparent and open way.

Filming police activity has often become the only tool the public has to expose bad behavior and to pursue justice. The killing of George Floyd that sparked national protests is just one of many examples of that extreme police wrongdoing caught on tape.

Bystander videos of Floyd became instrumental in convicting former Minneapolis Police Officer Derek Chauvin of murder.

HB 2319 may be unconstitutional

Last week, Arizona Republicans revived and ultimately pushed through House Bill 2319, which makes it illegal to film police officers within 8 feet of law enforcement activities. Doing so could land someone in jail for 30 days.

It’s now up to Gov. Doug Ducey.

The governor should know that legal experts have serious concerns over the constitutionality of the legislation. He should veto it because it’s the right thing to do and because he would be saving taxpayers money by avoiding litigation.

Waiting on Ducey: Recording police within 8 feet becomes illegal if he signs bill

Rep. John Kavanagh, who sponsored the legislation, initially proposed to ban videotaping within 15 feet. He later amended that to 8 feet.

The legislation also offers some exceptions to film an encounter within 8 feet. Those directly involved with a police interaction film may be allowed to film it as long as they don’t interfere with police actions.

People within enclosed structures on private property where police activity is occurring also may be able to film, as well as occupants of a vehicle stopped by police – again, as long as they don’t interfere with police actions.

But that’s still not enough.

Gov. Ducey should veto it

Legal scholars and civil rights leaders say the legislation is unconstitutional.

“Courts have upheld that people have a constitutional right to videotape police activity, and now to say that it is illegal is just idiotic,” Dan Barr, a lawyer who specializes in media and First Amendment cases, told the Arizona Mirror and other media outlets. “This would make the recording of the murder of George Floyd illegal.”

That’s worrisome. Without that video, the death of George Floyd would have been swept under the rug and justice would have never been achieved.

The public has a constitutional right to record police activity in public places. Ducey is smart to know that and should act in the best interest of Arizonans.

He’d be wise to veto HB 2319.

This is an opinion of The Arizona Republic’s editorial board. What do you think? Send us a letter to the editor to weigh in.

This article originally appeared on Arizona Republic: Gov. Doug Ducey should veto controversial police filming bill