Column: Bill cements right to record police

Kamaaina, mainland visitors and international tourists could all feel a sense of relief in Hawaii if House Bill 1591 passes, which would affirm everyone’s First Amendment right to record law enforcement officers.

State Rep. Roy M. Takumi (D-Pearl City), who introduced the bill, understands the importance of ensuring our First Amendment rights are preserved. He cited past instances of police violence, such as the murder of George Floyd in Minneapolis that was filmed by a bystander, as motivation for codifying the right to record police in Hawaii.

The bill stipulates that — as long as individuals do not interfere with law enforcement officers doing their job — they have the right to record the activity of police officers, security guards, other peace officers or anyone engaged in law enforcement activity.

Takumi notes that this right is protected by the First Amendment of the Constitution, but also recognizes since our right to record is not explicitly stated in the law, codifying the right to record police affirms that law enforcement officers cannot stop the public from recording them.

I applaud Hawaii’s Legislature for understanding the public’s right to record police is central to preserving the First Amendment and reaffirming its commitment to preserving Americans’ rights.

In my role as executive director of the nation’s largest professional association dedicated primarily to broadcast and digital journalists, I have seen some states and law enforcement agencies take the opposite approach and attempt to restrict the public’s right to record the police. The latest such legislation is presently under consideration in the Arizona state legislature. It would outlaw recording police activity within eight feet of an officer.

Conversely, despite the atrocities former Minneapolis police officer Derek Chauvin was convicted of committing as he murdered George Floyd in 2020, he and his accompanying officers knew very well that the department had a policy explicitly protecting citizens’ rights to record law enforcement. No officer on the scene that day interfered with teenager Darnella Frazier, whose cell phone videorecording of the incident sparked a long-overdue worldwide racial reckoning,

Journalists act as a conduit to an informed public, and seeing or hearing the actions of public officials through recordings is integral to this role. We have all seen firsthand the impact that one bystander can have on justice and truth. Hawaii’s HB 1591 ensures that journalists and the public have the right to record without infringement from law enforcement.

I speak on behalf of myself, journalists and RTDNA supporters in Hawaii and across the country when I support HB 1591. This bill sends a clear statement: Hawaii values our First Amendment rights and its Legislature does what needs to be done to preserve them.

Thank you to Rep. Takumi. I urge Hawaii’s Legislature and its governor to make this important action part of the law. And I urge every Hawaii citizen who cares about the public’s need to know what law enforcement officers are doing in their name, to contact their state legislators to vote for this badly needed legislation.

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Dan Shelley is executive director of the Radio Television Digital News Association.