Illinois politician proposes bill to criminalize filming fights

A proposal to criminalize recording and posting fights would violate the First Amendment rights of Illinois residents

Illinois state Rep. Terri Bryant, R-Mount Vernon, has proposed a bill to criminalize filming fights and sharing them online. In recent years, video recordings of fights have become more prevalent on social media – especially among students. In trying to justify the bill, Bryant explained, “I just want to send a clear message that it is unacceptable to stage these fights or be a willing bystander,” according to a Chicago Tribune report.

But her proposed solution is much worse than the problem it’s meant to address. House Bill 4419 would make filming and uploading a fight, or not making a video available to law enforcement, subject to a misdemeanor charge of disorderly conduct. Such a law would not only be unconstitutional, but another example of rampant overcriminalization in state and federal government.

Courts have regularly recognized and protected the right to take photos of and record events that are clearly visible in public spaces. The First Amendment protects the right to make and distribute recordings of events, and not just when a person is recording something most people find acceptable. Banning these recordings would give government excessive power to regulate speech and conduct.

But constitutional issues aside, this proposed ban doesn’t make sense as public policy. Video recordings can be valuable evidence in police investigations or in court, providing an objective account of events in what otherwise might be a “he said, she said” argument between two parties. By threatening criminal charges, the bill could make it less likely that bystanders will risk making recordings that could later prove to be invaluable evidence.

Of course, some are concerned about the risk that these videos might contribute to cyberbullying. But Illinois already has a law on the books to address this in school settings; it prohibits publishing violent or threatening content in an attempt to intimidate others.

Bystanders who record a fight are nowhere near as culpable as whoever initiates the fight. And by adding criminal penalties, Bryant’s proposal ignores just how damaging a criminal record can be.

Conviction of a Class A misdemeanor, which HB 4419 calls for, can come with up to a year in jail. It also triggers collateral consequences that are grounds to deny government employment and occupational licenses needed to work in dozens of fields such as barbering and architecture, as well as to revoke a business permit. Misdemeanors also appear in a background check – which may make private employers reluctant to hire an applicant.

At a time when 65 million Americans already struggle with the effects of a criminal record, Illinois needs less criminalization of nonviolent activities, not more.

Criminalizing recording fights does nothing to make Illinois safer. If the General Assembly reveres the First Amendment, it will let this proposal die.