Federal court strikes down Arizona's law banning recording police within 8 feet
Arizona's 2022 law making it a crime to record police within eight feet after a warning was struck down by a federal judge in July 2023, who found it chilled a substantial amount of activity protected by the First Amendment and was not necessary given other laws already protecting officers.1
- Country
- United States (RSF 2026 rank: 64th of 180)
- Where
- United States
- Level of government
- State or province
- Tactic
- Access bans
- Stage
- Restrict (see the ladder)
- Head of government at the time
- Doug Ducey
- Issue of the day
- The bill's sponsor said it responded to concerns that groups he described as antagonistic toward police followed officers around filming encounters and came dangerously close during potentially violent incidents.
- Outcome
- Reversed, July 21, 2023. A federal judge permanently enjoined enforcement of the law, and Arizona's attorney general did not appeal.
- Era
- The 2020s
What happened
In 2022, Arizona Governor Doug Ducey signed House Bill 2319, making it a class 3 misdemeanor, punishable by up to thirty days in jail, to knowingly video record police activity from within eight feet after an officer warned the person to stop. News organizations and the American Civil Liberties Union sued, arguing the law would prevent journalists and bystanders from documenting police conduct, including alleged misconduct, from a normal filming distance. On July 21, 2023, U.S. District Judge John Tuchi permanently enjoined enforcement of the law, ruling it restricted a substantial amount of activity protected by the First Amendment without being necessary, since Arizona already had laws against physically interfering with police. Arizona's attorney general did not appeal, and the parties later entered a stipulated permanent injunction confirming the law could not be enforced.2134
What reason was given
The bill's Republican sponsor, State Representative John Kavanagh, said the law responded to groups he considered opposed to police that followed officers to film encounters and came dangerously close to potentially violent incidents.2
What changed for reporting
Journalists and bystanders in Arizona had faced criminal liability for filming police from a normal reporting distance for more than a year before the law was enjoined.3
Timeline
2023
Who acted
| Name | Role in this incident | Office at the time |
|---|---|---|
| Arizona Legislature | legislated | State legislature |
| Doug Ducey | ordered | Governor of Arizona, 2015-2023 |
Sources
- Federal Judge Upholds Arizonans' Right to Record the Police
- Federal Judge Strikes Down Arizona Law Limiting Ability to Record Police
Claims cited
- The court found the law restricted a substantial amount of protected activity without being necessary.
prohibits or chills a substantial amount of First Amendment protected activity and is unnecessary to prevent interference with police officers given other Arizona laws in effect.
Federal Judge Strikes Down Arizona Law Limiting Ability to Record Police, Reason, 2023-07-24. Claim 349, checked 2026-09-22. - The bill's sponsor said the law addressed groups he considered antagonistic to police that filmed from dangerously close distances.
because there are groups hostile to the police that follow them around to videotape police incidents, and they get dangerously close to potentially violent encounters.
Federal Judge Strikes Down Arizona Law Limiting Ability to Record Police, Reason, 2023-07-24. Claim 348, checked 2026-09-22. - The court found there is a clearly established right to record officers performing their duties in public.
there is a clearly established right to record law enforcement officers engaged in the exercise of their official duties in public places
Federal Judge Upholds Arizonans' Right to Record the Police, Electronic Frontier Foundation, 2023-08-01. Claim 350, checked 2026-09-22. - The court found the statute was not narrowly tailored to a necessary purpose.
the statute does not survive strict scrutiny because it is not narrowly tailored or nece[ssary]
Federal Judge Upholds Arizonans' Right to Record the Police, Electronic Frontier Foundation, 2023-08-01. Claim 351, checked 2026-09-22.