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Case Overview

  • Other Amici: National Press Photographers Association, Freedom of the Press Foundation, Society of Environmental Journalists, The Radio Television News Directors Association, Reporters Without Borders, Inc., Society of Professional Journalists, The Guild Freelancers, The Intercept Media, Inc., and American Society of Media Photographers

allows police officers to establish impromptu 25-foot buffer zones around themselves at any time, making it a crime for anyone—including journalists—to not comply with an officer’s direct order to retreat. A federal district court enjoined the enforcement of Act 259, finding that it violates both the First and Fourteenth Amendments by providing vague standards and giving law enforcement excessive discretion to restrict First Amendment activities.

FIRE, joined by several press freedom and journalism organizations, filed an amicus brief urging the Fifth Circuit to affirm the district court’s decision. ²ÝÝ®ÊÓÆµAPP¹Ù꿉۪s brief argues that Act 259 is unconstitutionally vague, giving officers unchecked authority to interfere with the clearly established First Amendment right to record and observe police activity. The brief emphasizes that the Act’s moving buffer zones effectively prevent journalists from gathering crucial news, documenting police actions clearly, and maintaining police accountability. Those moving buffer zones also prevent bystanders from knowing exactly when they will be in complete compliance with the law. The brief highlights that law’s lack of clear line-drawing, and the grant of complete discretion to officers to enforce it, will chill free expression. In addition, by granting law enforcement unfettered discretion to create these zones at will, the Act also constitutes an impermissible restriction on speech in traditional public forums, failing both strict and intermediate scrutiny.

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