Public Interest Law Firm Joins First Amendment Fight Against Louisiana’s ‘Buffer Law’

ARLINGTON, Va.—On July 3, the Institute for Justice (IJ) submitted an amicus brief urging the 5th U.S. Circuit Court of Appeals to uphold a lower court ruling that blocks law enforcement from enforcing Louisiana’s “police buffer law.” That law made it illegal for anyone to “knowingly or intentionally approach within twenty-five feet of a peace officer who is lawfully engaged in the execution of his official duties.”  

A group of six news organizations and the Reporters Committee for Freedom of the Press (RCFP) filed a lawsuit challenging the law in July 2024. In January 2025, the district court granted a preliminary injunction which calls the law “unconstitutionally void for vagueness” and prevents police from enforcing it. However, Louisiana has appealed that ruling to the Fifth Circuit.  

“The First Amendment protects the right of people to observe actions being taken by government officials without fear of prosecution,” said IJ Senior Attorney Anya Bidwell. “This law not only infringes on the First Amendment rights of journalists, but of all Louisianans.”  

IJ’s brief argues that not only is the law unconstitutional, but it is also unnecessary, because police already have plenty of legal means to prevent individuals from interfering with official police proceedings. 

“If someone is truly interfering with police work, there are ways to hold them accountable, without a vague law that tramples on people’s First Amendment rights,” said IJ Litigation Fellow An Altik. “Police already have various legal immunities and the ability to charge someone with obstructing justice if they impede on their ability to conduct their work. There is simply no logical explanation for this buffer zone law.” 

IJ is the national leader defending various constitutional rights for people throughout the country. This case touches on two different areas of IJ’s work: First Amendment defense and its Project on Immunity and Accountability.