Arizona AG won't defend constitutionality of police video taping law

By Greg Hahne
Howard Fischer/Capitol Media Services
Published: Monday, September 5, 2022 - 2:33pm
Updated: Monday, September 5, 2022 - 2:34pm

Mark Brnovich
Howard Fischer/Capitol Media Services
Mark Brnovich

Arizona Attorney General Mark Brnovich will not be defending a legal challenge against a new law that makes it a crime to be within 8 feet of police activity while taking videos. 

In most circumstances, challenges against a law's constitutionality are defended against by the attorney general. But in legal filings, Brnovich told a judge there is no reason for him to defend the law.

He said any challenges will have to come from county and local prosecutors. Brnovich’s decision disappointed the bill’s author, state Rep. John Kavanaugh, who called it “perplexing” 

Claiming it infringes upon citizens’ First Amendment rights to record law enforcement, media outlets and the American Civil Liberties Union are making a bid to block the enforcement of the law before it’s set to take effect September 24th. 

Violators who get too close could face 30 days in jail and fines up to $500. 

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