A lawsuit challenging a recently enacted Louisiana law, which criminalizes approaching within 25 feet of a police officer under certain circumstances, was the focus of a federal court hearing on Wednesday. The media organizations involved in the case are seeking to halt the enforcement of the law, which was implemented on August 1. They argue that the legislation infringes upon the First and Fourteenth Amendments of the U.S. Constitution, particularly concerning the rights of the press to observe and document police activities.
The attorneys representing the state are requesting that U.S. District Judge John deGravelles dismiss the lawsuit, claiming that the case is based on speculative concerns since there have been no arrests made under the new law. They contend that the plaintiffs’ arguments are grounded in hypothetical scenarios rather than real incidents.
According to the law, individuals found guilty of “knowingly or intentionally” getting too close to a police officer who is performing official duties, after being instructed to step back, could face penalties of up to 60 days in jail, a maximum fine of $500, or both. Critics of the legislation point out that while it does not explicitly mention filming, it effectively restricts the proximity from which individuals can observe police actions. This limitation is seen as detrimental, particularly in light of past incidents where bystander videos have been instrumental in highlighting police misconduct.
During the court proceedings, Judge deGravelles expressed concerns over the law’s vague wording regarding the criteria for enforcing the buffer zone. He noted that an officer could demand someone to move back 25 feet without requiring evidence of wrongdoing or any feeling of being threatened, simply based on personal discretion.
Attorney Grayson Clary, representing the media organizations, emphasized the importance of the ability for reporters and photographers to remain close to police for coverage across various events, such as news conferences, crime scenes, and community celebrations like Mardi Gras.
Proponents of the law assert that the legislation was introduced to protect law enforcement officers while they perform their duties, arguing that it still allows bystanders sufficient distance to document police interactions legally. Republican state Representative Bryan Fontenot, who sponsored the bill, defended the measure by stating that maintaining a distance of 25 feet significantly reduces the risk of physical confrontation during arrests or police activity.
Opponents of the law, however, highlight that existing legislation already addresses behaviors that obstruct police work. Similar laws have been adopted in other states recently, with varying outcomes — in Arizona and Indiana, courts halted enforcement of such measures, while Florida’s governor intends to implement a comparable law starting January 1.
The outcome of this legal confrontation in Louisiana remains pending, as the judge has yet to make a ruling on the matter.
