BATON ROUGE, LA – A federal judge has halted the enforcement of a Louisiana law that criminalized approaching within 25 feet of an on-duty police officer after being ordered to retreat—after legal challenges by numerous news media outlets.
The legislation, which took effect on Aug. 1, 2024, imposed penalties of up to 60 days in jail and a $500 fine for violations. However, U.S. District Judge John deGravelles ruled the law is unconstitutionally vague, potentially leading to arbitrary enforcement, as reported by AP News.
The law faced legal challenges from several media outlets, who argued the law could impede their ability to film and observe police officers, thereby infringing upon First Amendment rights.
Judge deGravelles agreed, stating the law’s ambiguity could result in discriminatory enforcement. He emphasized that the lack of clear standards regarding what actions might prompt an officer to issue a retreat order poses a significant threat of arbitrary application, according to AP News.
In defense of the statute, state attorneys contended it constituted a reasonable restriction aimed at preventing interference with police duties. They noted that no arrests had been made under the new law and characterized the media outlets’ concerns as hypothetical. Judge deGravelles denied the state’s motion to dismiss the case, as detailed by AP News.
Louisiana Attorney General Liz Murrill expressed her intent to continue defending the law, asserting it serves as a reasonable measure to protect public safety by preventing individuals from obstructing or interfering with working police officers, asserting the state’s commitment to maintaining public safety, noted AP News.
This development aligns with similar legal challenges in other states, said AP, noting courts in Arizona and Indiana have blocked the enforcement of comparable measures, reflecting a broader judicial scrutiny of laws that may infringe upon constitutional rights under the guise of public safety.
The ruling has been welcomed by civil liberties advocates, who argue such laws can suppress lawful oversight of police activities and infringe upon freedoms of speech and press, contending clear and precise legislation is essential to prevent potential abuses of power and to uphold constitutional protections, according to AP News.
