Mediaboss Marketing

Opinion: Rep. John Kavanagh says his bill outlawing most filming of police will help prevent 'misunderstandings.' Really, it's about giving cops all the say.

Nobody could ever forget police officer Derek Chauvin pressing his knee on George Floyds neck for 8 minutes and 46 seconds.

That image will forever be etched on our minds thanks to a bystander who filmed the slow killing, which later sparked racial protests across the nation and ledto a reckoning onpolice brutality in America.

In Arizona, Rep. John Kavanagh and fellow lawmakers backing his House Bill 2319 want to make sure that never happens again.

No. They arent talking about saving the lives of people like George Floyd who had no chance to defend himself in court over the $20 billthat led him to the police encounter.

Instead, theyre seeking to protect cops like Chauvin from losing their jobs or landing behind bars.

HB 2319, which already passed the House and got the green light from a Senate panel this week, would criminalize filming cops on the job. Penalties would include up to 30 days in jail.

It specifically prohibits a person from making a video recording within 8 feet of the officer without that officers permission.

Can you imagine Chauvin actually giving the bystander permission to record the 8 minutes and 46 seconds it took him to kill Floyd?

Laughable, right?

But thats exactly the intent of this bill. Kavanagh, of course, argues that hes just trying to prevent violence and misunderstandings.

He also told the Arizona Mirror that this is to prevent the destruction of evidence and preventing police officers from harm.

Only Republicans keen on protecting the men and blue at all costs believe that. If that were true, Kavanagh and his fellow Republicans supporting the legislation should welcome any and all recordings.

What better way to prevent misunderstandings than having a video to show exactly what happened, just like in Floyds case?

But thats it. They want to keep things under wraps and at the discretion of officers.

The legislation does provide for some exceptions but even those are laughable.

The 8-foot requirement wouldnt apply to indoor situations, but only if the person recording is in an adjacent area or room.

And, oh, the person or persons being questioned could make a video of the encounter as long as they dont interfere with lawful police actions, including searching, handcuffing or administering a field sobriety test.

Do you see why critics say this whole thing is designed to give cops all the say? Thats clear. Criticsalso say the legislation is unconstitutional, notingthat theFirst Amendment protects the publicsright to record police.

First Amendment Watch of New York University noted in discussing Kavanaghs legislation thattheU.S. Court of Appeals in the First, Third, Fifth, Seventh, Ninth, and Eleventh (circuits) have all ruled that the right to record police in public places is protected by the First Amendment.

No doubt Kavanagh's legislation would end up in court shouldit become law.

Not all cops are like Chauvin, who was convicted and sentenced to more than 22 years in prison.

Id say most are good people with good intentions of protecting the public from criminals. I count my nephew patrolling the streets of a northern California town among the good ones.

Not all cops would ever consider pressing their knee on somebody for 8 minutes and 46 seconds.

But cops like Chauvin do exist, and they are the reason why we must not criminalize filming their actions.

Elvia Daz is an editorial columnistfor The Republic and azcentral.Reach her at 602-444-8606 orelvia.diaz@arizonarepublic.com. Follow her on Twitter,@elviadiaz1.

Subscribe to get more opinions content.

Read more:
Film a police officer within 8 feet? You could soon be thrown in jail - The Arizona Republic