Overview:
SB 30/HB 55 poses a serious threat to our rights. By escalating criminal penalties and imposing wide-reaching restrictions on our First Amendment rights, it creates opportunities for abuse, discrimination, and a breakdown of trust between law enforcement and the community.
Most troubling is the inclusion of what's known as a "halo provision," a measure that would criminalize approaching law enforcement within twenty-five feet after being told to stop. This kind of buffer zone has been called unconstitutional in other states and could limit the public’s ability to record and hold officers accountable.
Why This Bill is Dangerous:
Dangerous Limits on Public Accountability:
- Unconstitutional Buffer Zone: Even with an exception for those who didn’t hear or understand, the halo restriction poses serious First Amendment concerns. Similar legislation in states like Florida has faced backlash for blocking the public’s right to record police – something courts nationwide have said is protected.
- Undermining Justice: If this bill had been in effect in Minnesota at the time of George Floyd’s murder, bystanders would never have been able to record the footage that became essential evidence to hold the officer accountable for his actions. Instead, those nearby who were pleading for the officer to stop suffocating George Floyd would have been charged with a crime for remaining within 25 feet of the officer.
- Threatening Bystanders, Good Samaritans and the Media: SB 30/HB 55 would grant police the unchecked power to prevent the public, including the media, from being able to be close enough to observe and record instances of law enforcement using excessive force. The bill includes no exceptions for media or bystanders engaged in the non-confrontational recording of law enforcement, verbal attempts to deescalate an officer’s excessive use of force in order to save lives, or attempts to render aid and medical assistance to an already defenseless injured individual from further unnecessary violent actions by law enforcement.
Civil Rights Intimidation Expansion:
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Too Broad: This bill turns minor actions like littering or trespassing into serious civil rights violations, making everyday activities potentially criminal and open to unfair enforcement.
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Unclear Intent: The vague wording around "intent to intimidate" could let law enforcement unfairly target people of color, activists, or anyone standing up for their rights.
Limits on Free Speech:
- Suppresses Community Voices: Making it illegal to post signs without permission unfairly limits free expression and can silence important community advocacy.
Legal and Financial Risks:
Pursuing this reckless legislation will plunge Tennessee into costly legal battles, draining taxpayer resources and tarnishing our state's integrity. We cannot afford laws that defy constitutional standards and put our communities' futures at risk.
What's at Stake?
This legislation could harm our basic freedoms, lead to unfair targeting of certain communities, and discourage people from speaking out and voicing dissent. Tennessee must reject laws that unjustly punish people, erode community trust, and violate our constitutional rights.
TAKE ACTION!
Speak out now! Our communities deserve justice, equality, and freedom. Join the fight to defend civil rights in Tennessee today!