Texas Bill Could Make Photographing Police a Crime

Despite the fact that it’s often grainy and shaky, citizen-generated footage has become a permanent fixture in our current media landscape. Armed with something as simple as a cellphone camera, people are always ready to capture anything at a moment’s notice. That was especially the case last July when New Yorkers recorded controversial video footage of Eric Garner‘s arrest which led to his death. However a new Texas bill could soon make close up videos like that illegal.

The bill, which was filed in the Texas House of Representatives this past Tuesday by Representative Jason Villalba (R), would make it a class B misdemeanor to photograph and film law enforcement within 25 feet of you. The bill would also make it illegal for citizens to photograph officers from within 100 feet while that citizen is carrying a handgun.

Here is a full copy of the proposed bill courtesy of PetaPixel.

According to the Washington Times, only radio or television stations that hold an FCC license, or newspapers that are published at least once a week, or magazines that appear “at a regular interval” and are “of interest to the general public” can legally record the police within the 25 feet range. The long list of “exceptions” listed in the bill provided comedic material for some:

A handy graphic to help folks understand their rights under @JasonVillalba‘s proposed #txlege #HB2918. CC: @Copwatch pic.twitter.com/5pgr0WwtnK

— Tony McDonald (@TweetTonyMac) March 13, 2015

Representative Villalba took to Twitter to explain and defend his bill in a series of tweets, stating its purpose is to help prevent interference with law enforcement, not to restrict the ability to keep them accountable.

@brettsanders My bill does no such thing. Just asks filmers to stand back a little so as not to interfere with law enforcement. — Jason Villalba (@JasonVillalba) March 12, 2015

HB 2918 is meant to protect officers, NOT restrict the ability to keep them accountable. It DOES NOT prohibit filming. @TMPALegislative — Jason Villalba (@JasonVillalba) March 12, 2015

@bdrileysaustin I have not restricted filming police. Merely asking folks to stand back a little to let the cops do their job. — Jason Villalba (@JasonVillalba) March 13, 2015

There may be some legal issues with the bill–in 2011 an appeals court deciding Glik v. Cunniffe ruled unanimously that private citizens are allowed to record police. What’s also interesting is the Washington Times pointed out that Texas already has legislation that makes it illegal if someone “interrupts, disrupts, impedes, or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law.” These facts make you wonder if Villalba’s law does have an alternative agenda.

Critics were quick to voice their opinions on the bill with most of them calling it unconstitutional, which it very well might be. Public photography is considered a form of expression and thus a form of speech–it’s protected under the First Amendment. But, the First Amendment is not absolute and can be subject to reasonable restrictions that make it acceptable in some situations for police to request photographers to move back for safety purposes. On the other hand, this bill may have little to do with keeping the peace and more to do with maintaining police peace of mind. While it may serve some useful purposes, I do predict its passing would be highly unlikely, especially at a time when the police are being heavily scrutinized by the American public.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.