OPINION: 'If a bill like HB 2319 had been in effect in Minneapolis, the public would never have seen the police conduct that led to the death of George Floyd,' writes Tucson attorney Paul Gattone.
A bill that would prohibit the ability of members of the public to film police activities is working its way through the Arizona House and Senate.
In recent years we have seen videos taken by members of the public exposing acts of police misconduct. If a bill like HB 2319 had been in effect in Minneapolis, the public would never have seen the police conduct that led to the death of George Floyd. It seems beyond belief that Derek Chauvin, who was the ranking officer on the scene, would have consented to witnesses filming him kneeling on Floyd’s neck for nine minutes.
The Arizona Legislature cannot legislate in violation of federal law or the United States Constitution and HB 2319 is essentially attempting to do this. Numerous courts have ruled that members of the public have a First Amendment right to film police activity. The 9th U.S. Circuit Court of Appeals is one of those courts that has recognized that members of the public have a First Amendment right to take films of the police.
While not knowing the actual intention for the introduction of HB 2319, it seems that it is not being introduced to benefit or protect the police, but rather in response to recent protests for reform/change of the police. These protests were motivated by long-held concerns over police conduct but were greatly aided by the release of videos of violent, and in some cases deadly, contact between police and the public.
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