INDIANAPOLIS – The state’s highest legal office filed to dismiss a challenge Friday from a group of media entities to the state’s “buffer zone” law, which creates a 25-foot zone around police officers during certain activities.
In a joint filing with Marion County public safety authorities, the Attorney General’s office cites a similar case moving through the Northern District of Indiana from South Bend and notes that the law hasn’t been used against any of the plaintiffs.
“… (Plaintiffs) do not allege that the Buffer Law has actually been or will likely be enforced against them, they do not allege that they have self-censored as a result of the Buffer Law, and they do not allege that they intend to self-censor,” the filing reads. “And in a twist of irony, the only instances of enforcement they do allege show that the Buffer Law is not being enforced in the manner they claim to fear, but is only being enforced evenhandedly and with great deference to those recording law enforcement, in situations where it is needed.”
Lawmakers earlier this year passed the law, under which officers engaged in “lawful duties” can order someone to stay 25 feet away or risk a Class C misdemeanor. Supporters at the time said some situations become more volatile when people are too close to the officers.
In November, the plaintiffs — which includes the Reporters Committee for Freedom of the Press, the Indiana Broadcasters Association, the Society of Professional Journalists, the Indy Star, and more — pushed for an injunction blocking the law’s effects pending a court decision.
Members of the press and the public argue the so-called “buffer zone” limits their ability to hold law enforcement accountable, especially when it comes to public recordings.
“By criminalizing peaceful, nonobstructive newsgathering on matters of public importance, the (Buffer Zone law) violates the First Amendment … (and) grants law enforcement officers limitless, standardless discretion to prevent journalists from approaching near enough to document the way officers perform their duties in public spaces,” the injunction request reads.
Plaintiffs say they were within 25 feet of law enforcement during the 2020 protests following the murder of George Floyd and during various rallies in support of abortion rights.
Being 25 feet away would limit the visual and audio reporting, the filing continued.
The injunction request had a status conference just before the Thanksgiving holiday before Magistrate Judge Mario Garcia.
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