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re: New Louisiana law will criminalize approaching police under certain circumstances

Posted on 5/31/24 at 7:59 am to
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:59 am to
quote:

We are talking about FILMING the police. You are not a threat to an officer FILMING them. Courts have ruled you have to interfere physically for them to lawfully ask you to stop.

Standing say a foot behind an officer while they are doing their duty is physically interfering with them, and that doesn’t go away just because you have your phone out.

This post was edited on 5/31/24 at 8:01 am
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37544 posts
Posted on 5/31/24 at 7:59 am to
Jeff Landry KNOWS where the system is broken.....and he knows how to fix it.


I feel safer already.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476706 posts
Posted on 5/31/24 at 8:02 am to
quote:

Great, how is that defined? Can I act like a bratty sibling in the back seat and get as close as possible without physically touching him?


There are cases that protect speech (actual speech, not filming, although legally there is no difference) intended to interfere with an officer's duties, aka, getting close to them and yelling.

Words are not physical threats and in no way impede the officer's ability to perform whatever function they are engaged in. Filming falls into the same category.

quote:

Is physical contact required for "physical interference"?

For the most part. If you're engaged in behaviors getting to that point (like running at a cop aggressively) then they can stop you.

None of this is applicable to simply filming a police, however. And there are already laws on the books for interfering with LEO in the function of their duties.

Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 8:03 am to
quote:

Which is why I also agree that putting a hard number on it is stupid to begin with.


Agree, but like I said earlier, assholes are the reason we have stupid laws like this. I don't know that it's the best solution but I get it.

Everybody wants to ask why a cop can't do his job if someone's 10 feet away, I would ask why someone can't exercise their rights from 15 ft, or 20 ft, whatever. Is there a distance that gets absurd? Sure, but I don't think this is it. A welfare queen with a taxpayer funded phone can get more effective (potential) evidence at 25 feet than a handful of stringers from 30 years ago standing 5 ft away.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 5/31/24 at 8:06 am to
quote:

I've done what are essentially LE functions while in the military, and you bet your arse the locals aren't allowed to crowd up around you.


"The locals" aren't Americans with First Amendment rights.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476706 posts
Posted on 5/31/24 at 8:09 am to
quote:

assholes are the reason we have stupid laws like this

Assholes are the reason we have the 1A, too, and it supersedes these puny statutes.
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 8:11 am to
And your first amendment right to film only goes up to the point where the officer has a reasonable basis/purpose, to have you back up.

The first amendment has limits just like all of the others. No, you can’t just do whatever you want because you have a phone in your hand.
Posted by NineLineBind
LA....no, the other one
Member since May 2020
8627 posts
Posted on 5/31/24 at 8:11 am to
Put this law in the context of a Rayshard Brooks situation. He’s the guy who passed out at the Wendy’s in Atlanta in 2020 and the police were called in.

That incident took place over a wide swathe of the parking lot and had potential to spill over to adjacent property. Once the guy started scuffling with the cop, neither one had a concept of the space they were utilizing. It was a taser vs. gun situation.

Possibilities: a crowd of onlookers in close range could have lead to mass casualties or a bigger riot. Maybe the cop would have died. Maybe Brooks wouldn’t have struggled and no one would have died if there were outsides filming. I think I understand the intention of the law, but it may take time to see the real world effects. .
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 8:12 am to
quote:

it may take time to see the real world effects. .

I doubt the law ever goes into effect. 25 feet as a blanket rule is going to be shot down.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
33618 posts
Posted on 5/31/24 at 8:14 am to
This law has nothing to do filming. It’s to stop people from interfering and assaulting officers making arrests.

I’ve seen enough videos of people trying to push cops off of suspects and assaulting officers to see why they passed it.

Will it be upheld in the courts? That I don’t know.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476706 posts
Posted on 5/31/24 at 8:15 am to
quote:

It’s to stop people from interfering and assaulting officers making arrests.

Those laws already exist. Why add a new one?

Especially for "small government conservatives"
This post was edited on 5/31/24 at 8:16 am
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 5/31/24 at 8:15 am to
K. Thanks for your input, I guess.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
33618 posts
Posted on 5/31/24 at 8:17 am to
quote:

Would this be enforced on a line of protesters 3 inches away from LEO yelling obscenities?
I think it only applies when the police are making an arrest.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 5/31/24 at 8:18 am to
quote:

Especially for "small government conservatives"


It's almost like they aren't small government conservatives at all (see "Muh Second Amendment isn't absolute" comments).
Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 8:20 am to
quote:

If you're engaged in behaviors getting to that point

Great, is there a list of those behaviors somewhere?

quote:

None of this is applicable to simply filming a police, however.


This law has nothing to do with filming.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476706 posts
Posted on 5/31/24 at 8:22 am to
quote:

It's almost like they aren't small government conservatives at all

Yes, and it's almost like the newly renewed interest in criminal justice reforms (the Trump trials, J6 defendants, etc.) for many aren't serious and are just based in partisanship.

Almost like that's been my larger point for months.

But yes, the intellectual inconsistently with identifying both as America First and "small government conservatives" has always been funny.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476706 posts
Posted on 5/31/24 at 8:24 am to
quote:

Great, is there a list of those behaviors somewhere?


There are already laws for this on the books. I'm sure you can look at examples where convictions are upheld for plenty.

quote:

This law has nothing to do with filming.

OK filming, observing, etc. First Amendment stuff against a government that's out of control.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
91522 posts
Posted on 5/31/24 at 8:25 am to
quote:

roadGator
Holy shite your takes in here.

You never trumpers are seemingly terrible people.
Posted by OceanMan
Member since Mar 2010
23216 posts
Posted on 5/31/24 at 8:25 am to
quote:

Why should police get special “protections”?


Is this a serious question?

I don’t necessarily agree with this law, but the nature of what police do give them special “protections”. Their entire role is to “protect” - some are good at it and some aren’t, but if you acknowledge that police are a necessary component of a functional society, you have to also acknowledge that they need to be given discretion to do their job.
Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 8:26 am to
quote:

But yes, the intellectual inconsistently with identifying both as America First and "small government conservatives" has always been funny.


How close can they stand?

If you want to stop preening for a minute, most non-retards can accept that there's a distance that's too close and we're ok with that. This isn't some new restriction that never existed before, it's just clarifying a distance. That doesn't mean you have to agree with it but pretending that this is a digital issue is for simpletons. You may as well just go ahead and mimic hank and do the "you are either for freedom or you're not" line.
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