At a Sept. 23 hearing, U.S. District Judge Mark S. Norris questioned how narrowly to tailor an injunction limiting the Memphis Safe Task Force’s use of Tennessee’s Halo Law, but cautioned that his remarks did not indicate how he would rule. He said he would rule later.
The ACLU of Tennessee sued in May, alleging Task Force agents use the law—which requires onlookers to stay at least 25 feet from law enforcement when an officer invokes it—as a “moving wall” that pushes activists farther back and prevents filming. The suit also alleges agents followed activists, sat outside their homes, filmed them and threatened arrest.
The hearing addressed whether activists have a First Amendment right to film law enforcement and whether they have standing to sue; without standing, the case could be dismissed regardless of the allegations’ merits. Norris set an Oct. 30 date for attorneys to update him. ACLU attorneys sought a scheduling conference within six to eight weeks, while a federal government attorney asked Norris to immediately stay any injunction he might issue as her office considered a possible appeal.
