Friday, August 2, 2024

Louisiana enacts "buffer" law insulating police from community observation

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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