cross-posted from: https://lemmy.world/post/49782361

A Kansas state law barring anyone from being within 25 feet of first responders engaged in their duties is coming under fire from some free-speech advocates, who say the bill violates the First Amendment and would be harmful as federal immigration raids continue throughout the state and country.

The Halo Act, which became law effective July 1 after the Republican-led Kansas legislature overrode the Democratic governor’s veto of the bill, makes it a misdemeanor for civilians to approach local and federal law enforcement, such as Immigration and Customs Enforcement officers, “while such first responder is engaged in the performance of such first responder’s duties.”

It is highly unlikely that this survives review in the 10th circuit, and it is even less likely it survives SCOTUS review should a split circuit occur. The Roberts court has proven itself unusually hostile to laws such as these.

  • arctanthrope
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    2 months ago

    including emergency response providers as defined in section 2 of the Homeland Security Act of 2002

    from Homeland Security Act section 2.6:

    The term ‘‘emergency response providers’’ includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

    for ice to not be included, you’d have to successfully argue that they’re not a federal law enforcement agency, which they ostensibly are, even if they do a really bad job of it