SB293 – Criminalizing Public Presence Near First Responders

Background: SB293 would criminalize individuals who intentionally approach or remain within 25 feet of a first responder after being ordered to vacate the area if they are perceived as impeding, threatening, or harassing the first responder. This bill expands the authority of law enforcement to limit public presence in emergency situations and raises concerns about the potential for broad, discretionary enforcement.

Our Position: The ACLU of Alabama opposes SB293. This legislation will have a chilling effect on Alabamians’ First Amendment rights by restricting the ability of the public to observe and record law enforcement and emergency response activities. Documentation has historically played a critical role in exposing misconduct and holding public officials accountable. Furthermore, leaving the measurement of the 25-foot distance to officer discretion increases the likelihood of selective enforcement and abuse of power. The public should not have to fear criminalization or retaliation for exercising their constitutional rights to monitor government actions.