LINCOLN — Back in 2013, near 33rd and Seward, VIDEO SHOWS a confrontation between police and a local family escalated. The camera shows officers throwing a man to the ground and start beating him.
Officers rushed inside the families home and started seizing and destroying the phones of family members who recorded the incident.
A neighbor captured video of the confrontation, which led to a lawsuit and termination of four officers.
In that case the video was a key piece of evidence but now lawmakers want to limit the public's ability to record officers performing their duties.
"“They have concerns with individuals who come up to them, during a traffic stop or other official interactions with individuals and shove a camera or phone in there face," said Senator John Lowe, who introduced LB1185.
The bill, LB 1185, would allow officers to charge someone with obstruction if they record within 10 feet of the officer performing their duties.
Only one testifier, Lancaster County Sheriff Terry Wagner, showed up to support the bill saying that 10 feet is a reasonable distance that ensures officers are safe while still letting the public record.
But opponents say that 10 feet is more than enough room to cause problems for citizens trying to record.
"10 feet is not that difficult. That's any traffic stop, that's any face to face interaction like we are having now. Simply recording like you are doing right now should not be criminalized," said Spike Eickholt with the ACLU of Nebraska.
Courts across the country have long ruled that outlawing recording on duty officers in public is a violation of the first amendment.
In 2022 Arizona passed a law restricting recording within 8 feet of an officer, less than a year later a federal judge ruled that law unconstitutional and opponents say they expect a similar outcome if Nebraska passes LB 1185.
"Courts have been clear, it is not illegal to record police officers in their official capacity. That's what the bill seeks to do," said Eikholt.
