A Louisiana law will go into effect making it a misdemeanor for anyone, including journalists, to be within 25 feet of a law enforcement officer if the officer orders them back, according to ProPublica. These new laws, known as "Buffer" laws, are rare but gaining traction.
Karen Savage was working for a news site focused on juvenile
justice issues on the second day of the demonstrations in July 2016 when she
photographed officers putting a Black man in a chokehold as they detained him.
Cherri Foytlin, who was working for a small newspaper and a community media
project, said she was within 4 feet when she photographed officers violently
dragging a Black man off private property and arresting him.
Foytlin and Savage said they are hesitant to cover protests
in Louisiana now that they could face criminal charges if they’re too close to
an officer. “I was thinking about how far exactly 25 feet is, and, at the end
of the day, it doesn’t matter. It’s going to be whatever the officer wants it
to be,” Savage said. “And if it doesn’t get to court, it won’t matter because
they will have accomplished what they wanted, which was to get the cameras
away.”
A coalition of media companies representing a
couple dozen Louisiana news outlets, including Verite News, filed suit against
Louisiana Attorney General Liz Murrill, State Police Superintendent Robert
Hodges and East Baton Rouge District Attorney Hillar Moore III, alleging
the law violates the First Amendment.
In a statement provided Thursday, Murrill said the law
ensures law enforcement officers can do their jobs without being threatened or
impeded by others. She said she looks forward to “defending this reasonable
response to documented interference with law enforcement.” State Police
spokesperson Capt. Nick Manale declined to comment on the suit; a
representative for Moore did not respond to a request for comment.
Police buffer laws, as they are commonly known, are
relatively new; Louisiana is the fourth state to enact one. Although those
states already prohibit interfering with police officers, supporters say buffer
laws are necessary to protect police from distrustful, aggressive bystanders.
And with advances in cellphone cameras, including zoom lenses, supporters say
there’s no need to get close to officers in order to record their activities.
“There’s really nothing within a 25-feet span that someone
couldn’t pick up on video,” Rep. Bryan Fontenot, R-Thibodaux, the sponsor of
Louisiana’s bill and a former law enforcement officer, said during a
legislative hearing this year. At the same time, he said, “that person can’t
spit in my face when I’m making an arrest.” (He did not respond to a request
for comment.)
Foytlin disagreed. “You can’t even get an officer’s badge
number at 25 feet. So there’s no way to hold anyone accountable.”
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