Don’t Stand Too Close to First Responders Under New Florida Law
by Douglas Ankney
Florida Senate Bill 184 (“SB 184”) makes it a second-degree misdemeanor to approach within 25 feet of a first responder after receiving a verbal warning to stay away. Included under the provisions of the law is a requirement of intent to interfere, threaten, or harass the first responder who is in the course of his duties. SB 184 defines harassment as conduct “which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.”
While courts have struck down similar laws in other states, Governor Ron DeSantis said: “I am proud to support the men and women of law enforcement throughout the state. Today’s legislation will ensure law enforcement can do their jobs without the threat of harassment. While blue states vilify and defund the police, Florida will continue to be the friendliest state in the nation towards our law enforcement community.”
But the right to observe and record police has been affirmed in numerous federal and appellate courts as fundamental to the First Amendment. Civil liberties groups and press organizations argue that these laws tend to be overboard and chill the free speech rights of citizens and reporters. U.S. District Judge John J. Tuchi (D. Ariz.) stated that an Arizona law making it a misdemeanor offense to film a police officer within 8 feet after receiving a verbal warning “prohibits or chills a substantial amount of protected activity and is unnecessary to prevent interference with police officers given other Arizona laws in effect.”
Bobby Block, executive director of Florida press freedom groups, found similar faults with SB 184. “These are highly subjective terms which we believe will have a chilling effect on journalists’ and citizens’ First Amendment rights to observe and record the activities of responders at work.”
As expected, legislators in places like South Carolina and Florida began introducing bills to restrict the filming of police in the wake of the George Floyd protests of 2020. As further expected, police unions support these bills, arguing that “officers shouldn’t have to deal with bystanders getting in their faces when they’re performing arrests or investigations.”
Source: reason.com
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