Judging Freedom - AZ Moves to Hold Cops Unaccountable

Episode Date: July 18, 2022

Arizona Moves to Hold Cops Unaccountable The law against video recording promotes abuse and violates the First Amendment. https://www.wsj.com/articles/arizona-... #AZ #copsSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi everyone, Judge Andrew Napolitano for Judging Freedom. Today is Monday, July 18, 2022. It's a little bit after 12 noon, about five or six minutes after here on the east coast of the United States. Late Friday afternoon, Doug Ducey, who's the governor of Arizona, signed into law legislation that would make it a crime for anyone to tape audio or video police in public within eight feet of the police officers. Now, this, of course, makes it impossible for individuals who are being arrested or interrogated by the police to tape them, since obviously you're going to be within the eight feet. The stated purpose of the statute is to avoid interference with police work. This is hogwash. The real purpose of the statute is to keep the police from being accountable. The whole purpose of the First Amendment is to keep the government out of the business of speech and taking a picture of the government when it's in public that's the police when they've stopped somebody including when they've stopped you is an absolute right guaranteed

by the first amendment that's not just me that's two-thirds two-thirds of the federal appellate courts in the united states of america have ruled the federal uh appellate courts uh that cover arizona uh which is the 10th circuit has not yet ruled but they soon will and this awful piece of legislation this terrible law will be invalidated how canated. How could it possibly be a crime for you innocently to stand by filming the police as they do their work? Whether they're saving somebody's life by getting them out of a burning vehicle, whether they're saving somebody's life by shooting at a shooter, whether they're hassling somebody, whether they're harassing somebody, whether they're arresting a bank robber, whether they're arresting a jaywalker,

whatever it is, they are the government. And the First Amendment guarantees the right of the people to observe what the government does. We're not talking about the Supreme Court changing wording in an opinion. The opinion is not available for the government until it's done. But we're talking about the government operating in public in full view. As you are allowed to watch the police, you are allowed to film the police. you are allowed to film the police. That's the law in two-thirds of the United States of America. It will soon be the law in Arizona. You know, it's a little bit of a head-scratcher to me because Doug Ducey is a smart guy.

This is the governor of Arizona. He knows that this legislation is unconstitutional. So why would he sign it? Why does Joe Biden issue executive orders that he knows he doesn't have the authority for? Why does Governor Kathy Hochul, who hates guns except the guns that the cops carry to protect her, sign legislation that she knows is unconstitutional? It is not uncommon for politicians to do this. Then they can take credit with their base saying, look, police, I tried to stop people from filming you. It's those life-tenured, unelected, unaccountable black robe judges that prevented me from doing so. Politicians often do things that they know are unconstitutional if they think

those things will be popular with the base. It is wrong. It is damn wrong for them to do that because all these politicians, whether it's the governor of Arizona or the governor of New York or the president of the United States, have taken the same oath that I did when I became a judge to preserve, protect, and defend the Constitution as it is written and as it is interpreted by the courts, not as they want it to be. And thanks be to God, the courts that have interpreted your right to film and tape the police have upheld that right everywhere. That will soon be the law even in Arizona. Judge Napolitano for judging freedom.