Six news organizations sued the State of Louisiana on Wednesday (July 31) in an attempt to strike down the state’s new law that makes it a criminal offense to knowingly or intentionally come within 25 feet of a working police officer after being ordered or asked to step back.
Gov. Jeff Landry signed Act 259 into law in May. Violators could be fined up to $500, face up two months in prison or both.
The lawsuit, filed in the Middle District Court of Louisiana, alleges that the new law is unconstitutional because it violates the First Amendment rights of journalists and others throughout the state. Plaintiffs in the case, which includes Verite News, say that making journalists stay at least 25 feet away from police officers forces them to choose between “committing a crime or forgoing newsgathering.”
“We believe that this law is an unconstitutional impediment to the gathering of news and to the people’s right to observe and document police interactions with citizens,” said Terry Baquet, editor-in-chief of Verite News. “The arbitrary ‘buffer zone’ in the law will be difficult to establish in real time and is open to being abused as a means to intimidate observers who are not interfering or hindering the police in their duties.”
The news organizations say the law would prevent journalists from covering aspects of stories essential to the public’s right to know, such as being so far away that they can’t observe or film officers interacting with protesters or record audio of newsworthy events where officers are present.
“Without audio, video may give the public a misleading or incomplete understanding of an event,” the complaint says. “When an officer is making an arrest, for instance, Plaintiffs’ reporters would not be able to hear at 25 feet whether an officer identified themselves as law enforcement or provided Miranda warnings.”
The other plaintiffs in the case, Gannett, Gray Local Media,, Nexstar Media, Scripps Media and Tegna, own newspapers and television stations throughout Louisiana. The plaintiffs are represented by the Washington-based legal group Reporters Committee for Freedom of the Press and New Orleans attorneys Scott Sternberg and Suzanne Montero.
Louisiana’s Attorney General Liz Murrill, Louisiana State Police Superintendent Robert Hodges and East Baton Rouge Parish District Attorney Hillar C. Moore were named as defendants in the suit.
In a Thursday (Aug. 1) statement provided to Verite News, Murrill defended the law, characterizing it as a common-sense response to threats that officers face on the job.
“The law is a reasonable time, place, and manner restriction that ensures law enforcement can do their jobs without threat or obstruction by others,” Murrill said. “We have had several incidents where police officers were injured while carrying out their lawful duties protecting the community and attempting to restore order. I look forward to defending this reasonable response to documented interference with law enforcement.”
State Police spokesman Capt. Nick Manale declined to comment on the suit, saying the agency does not comment on pending litigation and citing Verite News’ position as an opposing party. Moore’s office did not respond to a request for comment.
The plaintiffs in the suit ask that the Middle District Court prohibit the state from enforcing the law until the case can be heard.
They are also asking for the judge to declare that the law violates the First and Fourteenth Amendments of the U.S. Constitution.
The law will take effect on Aug. 1, unless a judge grants the injunction that the plaintiffs request.
This story has been updated to include responses from the Louisiana State Police and Attorney General Liz Murrill.
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