In Opposition to HB224
Dear Senators:
The ACLU of Alabama appreciates the opportunity to testify in opposition of HB224. We are concerned about how this bill would impede Alabamians’ and journalists’ First Amendment rights.
First, the bill grants law enforcement officers limitless, standardless discretion to prevent the public and journalists from approaching near enough to document the way officers perform their duties in public places.
Second, the bill has a chilling effect by discouraging the public and journalists from attempting to cover and document events that the person is only able to see if they are within 100 feet of a peace officer. Further, the arbitrary ‘buffer zone’ is open to being abused as a means to intimidate observers who are not otherwise interfering or hindering the police in their duties.
Third, the bill authorizes law enforcement officers to bar the public and journalists from documenting—for any reason or no reason—a wide range of events of public interest, including a parade, a rally, an arrest, or an accident scene. Reporters across Alabama come into close contact with law enforcement officers on a routine basis—when covering everything from crime scenes and press conferences to Mardi Gras in Mobile and University of Alabama football games. The bill would, in all of those scenarios and more, empower officers to force the public and journalists out of sight and earshot.
Finally, especially at fast-moving crowd scenes, Alabamians and journalists cannot reliably determine whether they are within 100 feet of a particular officer. They also cannot comply when told to withdraw when there is no way to retreat through a densely packed crowd, where there is not enough space to withdraw without trespassing on private property, or where multiple officers have issued overlapping instructions.
Under this bill, Alabamians must choose between exercising their First Amendment rights or suffer the risk of arrest and prosecution. For these reasons, the ACLU of Alabama urges this Committee to oppose this bill.
In Opposition to SB247
Dear Senators:
The ACLU of Alabama writes to this Committee in opposition to SB 247. While we appreciate Senator Orr’s recognition of the First Amendment “right to protest in any public park or other similar traditional public forum,” we still have grave concerns about this bill.
First, this bill would prohibit a person from using artificial noise amplification to picket or protest at or near a residence of any individual with the intent to “harass, intimidate, or disturb.” The meanings of “intimidate,” “disturb,” and “harass” are so subjective that no speaker could be confident that critical speech would not form the basis for a criminal charge.
Supporters of this bill may argue a legitimate fear for their safety if they encounter a protest at their residence or business. To be clear, we believe that laws already on the books (for example, “assault” or “attempted assault” statutes or a “disorderly conduct” statute) already criminalize such behavior.
This bill also attempts to regulate the use of “noise amplifiers.” Again, multiple municipalities across Alabama already have laws on the books that carefully address that issue.
Thus, what is needed is not a new law, but the enforcement of existing laws.
The ACLU of Alabama is committed to protecting First Amendment rights. That includes defending the right to protest for individuals across the state of Alabama.