Attorney Shield Insights

David Walton

January 2, 2025

New Florida Law: A Direct Assault on the U.S. Constitution

Florida's S.B. 184, signed by governor DeSantis, is a police-friendly law that further erodes first amendment rights. The law effectively imposes a 25-foot buffer zone around officers. This new law would allow police to order citizens to step back and potentially arrest them if they refuse, effectively preventing many from documenting police activity.

As Governor Ron DeSantis put it, “I was proud to sign legislation today to ensure law enforcement officers can serve our communities without worrying about harassment from anti-police activists.” The law is aimed at targeting those who record police actions, a crucial tool in ensuring transparency and accountability.  

The fact is, the right to film police officers in public is constitutionally protected. As U.S. District Judge John J. Tuchi ruled in Arizona, laws that restrict the public's ability to record officers are unconstitutional. While some politicians argue that these measures are necessary for officer safety, the truth is, they often just serve to stifle public oversight and protect officers who may be engaging in misconduct.

"We view this new law as a Christmas gift to police," said David Walton, CEO of Attorney Shield. "With so many ambiguities surrounding the law, don't be surprised if officers start using it as a pretext for intimidation and retaliation. This law will surly create new opportunities for abuse of power."

What happens if officers approach you while you're filming, thus closing the 25-foot buffer? Are individuals required to continually retreat in order to keep recording? And what if the police move closer, but you want to document the interaction for your own safety? This law creates a wide range of potential arrestable offenses for activities that are constitutionally protected.

Let’s make it clear: filming police should never be a crime. It's a fundamental right, one that we should protect at all costs. The "police safety" and "police harassment" smokescreen peddled by Florida politicians is shameful and un-American.

If we allow this direct assault on the U.S. Constitution to stand, we must ask ourselves: what will they come after next? The Constitution is the very bedrock of our rights and freedoms, and if we let one law, one action, or one infringement slip through the cracks, it sets a dangerous precedent for future violations. We urge everyone to seriously consider the long-term consequences and to do what you can to preserve the principles of liberty, justice, and the Constitution.

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