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First Amendment concerns resurface as Kentucky lawmakers move closer to passing 'Halo Act'

ICE agents are shown during "Operation Cross Check," an effort the agency says is aimed at arresting and deporting undocumented immigrants with criminal records.
Wikimedia of Commons/Department of Homeland Security
ICE agents are shown during "Operation Cross Check," an effort the agency says is aimed at arresting and deporting undocumented immigrants with criminal records.

A Kentucky bill that would create a 25-foot buffer zone around active first responders, including law enforcement, cleared the state House this week.

While Senate Bill 104 would clear a space for medical teams, firefighters, and other first responders to work during high-pressure situations that could draw crowds, it's the inclusion of law enforcement and, more specifically federal immigration agents, that's sparked the most concern.

Referencing the heated scenes between protesters, observers, and ICE agents out of communities in Minnesota and elsewhere, critics have raised objections to language they worry could infringe on First Amendment rights.

Supporters say it will not.

"This bill does not create a blanket restriction around emergency scenes, nor does it prohibit people from observing or recording what is happening," Rep. Wade Williams said. "Transparency remains intact."

The reassurances weren't enough for Lexington Democratic Rep. Adrielle Camuel, who said: "Citizens have a constitutional right to record police officers in the performance of their duties. Forcing observers back 25 feet doesn't just inconvenience them; it functionally strips them of this right. And speaking of 25 feet, I'm still confused on how that is supposed to be enforced."

Opponents were careful to express respect for the difficulty facing law enforcement and other first responders in tense situations, but worried aloud that the reasons given for responders to order the perimeter, including "harassment," are too vague.

The bill has one more step to clear in the Senate on its way to the governor's desk.