There's no hesitancy among free press and media legal scholars who are asked whether the law is constitutional. There's consensus: It's not. They base their views on numerous rulings of federal appeals courts on the issue.
The court referenced First Amendment principles and the previous six U.S. appeals courts' decisions as relevant precedents to decide in favor of a self-identified journalist YouTube blogger, Abade Irizarry.
Arizona Gov. Douglas Ducey signed into law a bill that would make it illegal to photograph or record a police officer in public from a distance of eight feet without the officer’s permission.
On February 24th, the Arizona House of Representatives voted to advance a bill that would make it illegal to photograph or record a police officer in public from a distance of eight feet without his or her permission. House Bill 2319 says if an individual is asked by the police to quit filming but continues to do so would face a class 3 misdemeanor and up to 30 days in jail.
Florida Rep. Alex Rizo (R-Hialeah) introduced a bill to the Florida legislature that would make it a second-degree misdemeanor for someone to “disrupt, hinder, impede, or interfere" with law enforcement officers while they are performing official duties. While the bill does not explicitly mention the act of cellphone recording, its langauge would give police wide discretion to arrest individuals who they perceive are impeding their activities.
On May 5th, a split three-judge panel on the District Court of Appeal of the State of Florida for the Fourth District upheld the arrest of Sharron Tasha Ford, who sued the city of Boynton Beach for violating her First Amendment right to record police.
The American Civil Liberties Union of Ohio is suing the Columbus, Ohio police for arresting a 35-year old man while he was recording six officers serving a search warrant in his neighborhood.
On November 20th, the City of Delano, California agreed to settle a lawsuit brought by four high school students who alleged that Delano police officers violated their First Amendment right to record police.