Louisiana law criminalizes approaching police officers, raising alarms about public rights

In Baton Rouge, Louisiana, on a Wednesday in early December 2024, a federal judge conducted hearings regarding a lawsuit filed by six media organizations against a recently enacted law. The law prohibits individuals from approaching within 25 feet of police officers on duty after being instructed to step back. This law took effect on August 1, 2024, and has drawn criticism for potentially infringing upon First and Fourteenth Amendment rights, particularly concerning the rights of journalists to film and observe police activities without obstruction. Following the enactment of the law, the plaintiffs argued that it creates an unconstitutional barrier to their work and restricts their ability to gather news, particularly in legal areas like crime scenes, public events, and gatherings. The plaintiffs’ legal team asserted that the enforcement of the law could limit the accessibility of reporters and photographers to police activities regardless of their intention, as officers can demand compliance without the necessity of any suspicious behavior or criminal activity. During the court proceedings, U.S. District Judge John deGravelles raised concerns about the vague language in the law, noting that it lacks clear guidelines on when enforcement is appropriate. He highlighted the subjective nature of officers deciding to invoke the law, allowing them to require distance from civilians for potentially arbitrary reasons. Attorneys representing the state of Louisiana countered the lawsuit by requesting the dismissal of the case. They characterized the plaintiffs' claims as preemptive and reliant on hypothetical scenarios. They mentioned that, to date, no arrests or enforcement actions had been executed under the new law, and thus there were no concrete examples of its application. Proponents of the law, including Republican state Representative Bryan Fontenot, cited officer safety as the primary objective of the legislation, claiming that a buffer zone could reduce direct confrontations between citizens and police officers. Representative Fontenot maintained that the law still allowed for adequate distances for filming police incidents while arguing that it protects officers from harassment or interference during their duties. This legal challenge stands against a backdrop of similar legislative efforts across the United States concerning the rights of citizens and the Fourth Estate to document police actions. Courts in both Arizona and Indiana have previously blocked analogous buffer zone measures, while Florida has also brought forth legislation that seeks to impose restrictions on how closely individuals can approach officers during their duties. The outcomes of this Louisiana case could have wider implications, potentially influencing similar laws and policies across the nation as discussions continue around policing and civil liberties.