Louisiana Governor Jeff Landry signed a law The bill would criminalize approaching police within 25 feet if the officer tells anyone who might be approaching to stand back, effectively creating a legal force field that law enforcement can activate on their own.
“No person shall knowingly or knowingly come within twenty-five feet of a building security officer The law states that “a person is lawfully performing official duties after a peace officer orders the person to cease approaching or to retreat.”
The bill was authored by state Reps. Bryan Fontenot (R-Thibodaux), Michael T. Johnson (R-Pineville) and Roger Wilder (R-Denham Springs). Fontenot debate The legislation will give law enforcement officers “peace of mind” while carrying out their duties. This is same argument Florida Governor Ron DeSantis Justifies Signing Senate Bill 184 In April, the bill made it a criminal offense to come within 25 feet of a first responder with the intent to threaten, harass or interfere with an officer.
But some opponents of these laws argue they are overbroad and unnecessary.
“Requiring 25 feet of distance from police officers may not be a practical or effective approach in many situations,” state Rep. Delisha Boyd (D-New Orleans) told CNN reason. “Police situations vary widely, and a blanket requirement of 25 feet may not account for the variety of situations officers encounter. Who on the scene is going to determine what exactly is 25 feet away? What would happen if within those 25 feet was my personal property? ?
Louisiana already has one law Outlaws “interference with law enforcement investigations.” Critics of the new law say additional laws banning the simple act of approaching police are redundant.
One of those critics is Meghan Garvey, legislative chair and former president of the Louisiana Association of Criminal Defense Lawyers. She told us police work is “already protected from interference by existing laws” reason. “This measure criminalizes citizens engaging in constitutionally protected activity and impedes citizen oversight of law enforcement.”
The law “like many other bills introduced this session is designed to make Louisianans more obedient to their government,” Garvey concluded.
The Louisiana Legislature passed a similar bill, House Bill 85, in June 2023, but the measure was vetoed by former Gov. John Bel Edwards. “If this bill becomes law, its effect will be to inhibit the exercise of First Amendment rights and prevent bystanders from observing and recording police actions,” Edwards said in a statement. statement Explain his veto.
Although the Supreme Court has reject To address this issue, there is important legal precedent in circuit courts, including Fifth Circuitwhich contains the common guarantees of Louisiana—the Press and Speech Clauses of the First Amendment”The right to record police officers“Last year, a federal judge knocked down An Arizona measure prohibiting filming of police officers within 8 feet of a verbal warning because it “prohibits or freezes a wide range of First Amendment-protected activities and is critical to preventing interference with police officers given other valid Arizona laws” It’s not necessary.”
In Louisiana, “an officer may arrest someone for excessive force, allow a bystander to approach to record the arrest, and then the officer can immediately tell the bystander to ‘stop approaching or retreat,’ which diminishes the bystander’s rights to record” ,” Louisiana attorney Philip Adams told reason. “As a result, bystanders may be placed in a position in which the First Amendment right to record may be functionally diminished.”
