A federal judge has halted enforcement of a controversial Louisiana law that criminalizes approaching within 25 feet of a working police officer after being ordered to step back. The decision, issued Friday by U.S. District Judge John deGravelles, ruled that the law violates the 14th Amendment due to its vague language and potential for arbitrary enforcement.
The ruling comes after several media organizations sued to challenge the law, arguing that it infringes on First Amendment rights and limits the ability of journalists to document police activity.
Law Is Unconstitutionally Vague
The Louisiana Legislature passed the police buffer law earlier this year, and it took effect on August 1. Under the law, anyone who “knowingly or intentionally” approaches an officer engaged in “official duties” after being told to retreat could face up to 60 days in jail, a $500 fine, or both.
However, in his ruling, deGravelles noted that the law fails to specify what actions might trigger an officer’s order to retreat. Additionally, it does not provide clear standards for how officers should enforce it.
“The threat of arbitrary and discriminatory enforcement is great,” deGravelles wrote in his decision.
Because of these concerns, the judge granted a preliminary injunction, preventing the law from being enforced while legal challenges continue.
Media Outlets Argue Law Restricts Press Freedoms
The lawsuit against the law was brought by several media organizations who argued that the measure restricts their ability to gather news by filming and observing police officers in public spaces.
“Plaintiffs’ First Amendment right to gather the news is likely to be impaired if the Act is not enjoined,” deGravelles wrote in support of the injunction.
Opponents of the law say it could allow officers to target reporters or citizens recording police activity, limiting transparency and public accountability.
State Defends Law, Vows to Appeal
Louisiana Attorney General Liz Murrill defended the law and criticized the ruling, arguing that it is a reasonable restriction meant to protect both officers and the public.
“We think it is a reasonable time, place, and manner restriction from obstructing and interfering with working police,” Murrill said in a statement Friday. “We are trying to protect the public. This is a reasonable law.”
In court, state attorneys attempted to dismiss the case, claiming that media organizations were presenting only “hypothetical” concerns. They also pointed out that no arrests had been made under the law since it took effect. However, deGravelles rejected the state’s motion to dismiss.
Similar Laws Blocked in Other States
Louisiana is not the first state to attempt a police buffer law. Similar measures have been passed in Arizona and Indiana, only to be struck down in court.
The legal battle over Louisiana’s law is far from over, as state officials are expected to appeal the ruling. For now, however, the court’s decision represents a victory for press freedom advocates and those who argue for greater public oversight of law enforcement.
