Tennessee News Organizations Challenge Police Buffer Law, Citing First Amendment

By Editorial Team

News organizations in Tennessee have come together to challenge a new state law that they argue infringes on their constitutional rights to gather news freely. The law, which went into effect on July 1, permits police officers to establish a 25-foot buffer zone around themselves, making it a misdemeanor offense to breach this boundary when ordered to stop or retreat by an officer.

More than 20 news organizations in Tennessee, including Gannett Co., Gray Local Media, Nashville Public Media, Nexstar Media Group, Scripps Media, States Newsroom, and TEGNA, have filed a lawsuit against the law. They contend that this “buffer law” restricts their ability to report on critical public safety matters and hampers their First Amendment rights to document and report on government activities.

The media coalition argues that the law is overly broad, vague, and grants law enforcement excessive discretion in its enforcement. They claim that such restrictions hinder journalists from providing timely and unrestricted information to the public, particularly during crucial events like crime scenes, disaster responses, and incidents of police misconduct.

The lawsuit, filed on July 22 in federal court, names officials such as Jeff Long, commissioner of the Tennessee Department of Safety and Homeland Security, Nashville District Attorney Glenn Funk, and Metro Nashville Police Chief John Drake as defendants. The media organizations are represented by attorneys from the Reporters Committee for Freedom of the Press.

Similar buffer-zone laws in other states, including Arizona, Florida, Indiana, and Louisiana, have faced legal challenges on First Amendment grounds. In some cases, such laws have been struck down by courts for being unconstitutional. The plaintiffs in the Tennessee lawsuit hope to achieve a similar outcome in their fight against the law.

The defendants have yet to respond to the lawsuit publicly, with Metro Nashville Law Director Wally Dietz acknowledging the need to balance the law’s intentions with the rights of journalists. The media organizations are seeking clarity and protection for their ability to fulfill their vital role in informing the public.