Critics of the new Louisiana law that makes it illegal to approach a policeman within 25 feet (7.6 m) under certain conditions, are concerned that this measure will hinder the ability of the public to film police officers, a tool which is increasingly used to hold the police accountable.

According to the law, anyone convicted of “knowingly” or “intentionally” approaching an off-duty officer who is “lawfully performing his official duties” and who has been ordered to “stop or retreat” after being told to do so, faces a fine of up to $500, or up to 60 jail days, or both. The law was approved by Gov. Jeff Landry is a Republican who signed the law on Tuesday.

The legislation does not mention filming specifically, but critics claim that it will limit the distance a person is allowed to be from police. The opponents have even gone so far as to question the constitutionality of the law, claiming that it could interfere with a person’s First Amendment right.

The new law, say supporters, will create a safe zone for officers. Bystanders can still film interactions with police.

You’re Going to want to Hear This We just made a huge radio buy in the key swing state of Nevada. Trump has a real chance of winning this state, but we don’t have enough to keep this ad on the air until November. Watch it here and help keep this ad on the air! 1776 Coalition Sponsored

The use of cellphone video by innocent bystanders has been credited as a major factor in revealing police misconduct, such as the killing of George Floyd in 2020 at the hands Minneapolis police officers. This helped to change the dialogue around police transparency.

In another country, an attempt was made to set a range within which people could record police officers performing their duties.

Arizona lawmakers passed a law in 2022 that made it illegal for anyone to film a police officer within 8 feet (2,5 meters) of them if they tell the person to stop. A coalition of media organizations and the American Civil Liberties Union sued successfully to block Arizona’s new law. A federal judge ruled it unconstitutional citing an infringement on a right that has been clearly established to film police officers doing their job.

In similar cases across the country, the majority of U.S. appellate courts have ruled that people can record police officers without restrictions.

Bryan Fontenot is the Louisiana state representative who drafted the measure. He said it was designed to give officers “peace-of-mind and a safe distance” to perform their duties.

Fontenot, while presenting a bill to a committee in the early part of this year, said that if someone is 25 feet away from me they can’t spit on my face. “It’s much more difficult for him to hit me with a bottle of beer at 25 feet than if he was sitting here.” Fontenot said.

Last year, the then-Gov. vetoed a bill that was nearly identical. John Bel Edwards is a Democrat. Edwards said the measure was “unnecessary,” and that it could be used to “chill exercise of First Amendment Rights.”

Edwards, a former U.S. Army officer and son of a deputy sheriff, stated in his veto letter last year that “each of us have a constitutional right” to observe public officials as they perform their duties in public. “Observations by law enforcement officers are valuable in promoting transparency, whether they come from witnesses of an incident, people interacting with them, or journalists.”

The bill was a sure thing to pass, however, as a new conservative Governor is in office, and the GOP continues to hold the supermajority of the Louisiana Legislature.

The measure seems to include some safety nets. It states that a “defense to this offense” can be established by proving that “the defendant did not understand or receive the lawful order.”