North Carolina Doesn’t Want You to See Footage From Its Police Body Cameras

A new state law to “ensure transparency” requires a court order for video releases.

A police body cameraJim Mone/AP

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Amid a resurgence of nationwide protests sparked by smartphone videos of police shootings of black men, North Carolina Gov. Pat McCrory signed into law on Monday a bill that will severely restrict public access to footage from police body camera and dash cams.

House Bill 972 requires a court order before any such footage may be released to journalists or members of the public, which also means that police departments cannot voluntarily release footage without a judge’s approval. Under the new law, police chiefs get the final say on whether or not people caught on camera—or their lawyers—will be allowed to view the relevant footage. If the chief says no, the subject will have to successfully sue the department to gain access.

The law’s passage is sure to rankle some Black Lives Matter activists, who have repeatedly called for even greater access to police video footage in the wake of disputed police shootings of black subjects. Gov. McCrory said he signed the bill to “ensure transparency,” and that while recordings of police interactions with the community could be helpful, they can also “mislead and misinform.” In drafting the bill, McCrory added, lawmakers grappled with how technology “can help us, and how can we work with it so it doesn’t also work against our police officers.”

“I would rather let our video tell the story—good, bad or indifferent,” one police chief said, “than someone who has a cellphone who has the opportunity to edit it.”

Susanna Birdsong, director of the North Carolina ACLU, believes the new law will hurt—not help—transparency in policing. “There really should be some minimum guarantee of access to the recordings by someone other than the police,” she told me.

People involved in incidents recorded by the police, as well as their attorneys, should be able to view the footage without exception, Birdsong says. And law enforcement agencies should have protocols in place for the timely release of footage when it’s in the public interest—for example, in cases in which officers use physical force to subdue a person. The process, she adds, should not require any court’s approval.

The law, Birdsong adds, could have consequences for reporting on law enforcement. Before, a news organization could go directly to a local police department to request access to footage or put pressure on city officials to make it happen, but now “that avenue is foreclosed.”

The bill’s primary sponsors were Reps. John Faircloth, Allen McNeil, and Pat Hurley. (Faircloth is a former police chief while McNeil was once a sheriff’s deputy.) The legislation was crafted at the urging of the Legislative Committee on Justice and Public Safety, a bipartisan panel convened earlier this year to consider criminal justice issues. The committee heard from civil rights groups, community organizers, and law enforcement before announcing its findings in June. Among the recommendations: The state should pass an act providing that police camera footage is not part of the public record.

The bill’s authors, according to Birdsong, were lobbied by law enforcement groups, including the North Carolina Sheriffs Association and the North Carolina Association of Chiefs of Police. And while the advisory committee heard from the ACLU and others who opposed such a recommendation, the authors consulted with few nonpolice stakeholders on their bill’s language. “The language in the bill very much reflects that,” Birdsong says. (None of the bill’s key sponsors responded to requests for comment.)

New Hampshire, Minnesota, and Louisiana also recently passed laws restricting public access to police body-cam footage. But many jurisdictions provide reasonable access to such recordings, Birdsong told me. Consider Chicago’s new effort in transparent policing, created in the wake of heavy criticism of city officials for their handling of police videos. In May, the city’s police review board launched a database of audio and video recordings, police reports, and other documents related to more than 100 open investigations into misconduct by officers. The database, which is accessible to the public, includes more than 300 videos from body cameras, police dash cams, and cellphones.

At least one North Carolina police chief thinks his state’s new law is a bad idea. “I would rather let our video tell the story—good, bad or indifferent—than someone who has a cellphone who has the opportunity to edit it,” Fayettevile police chief Harold Medlock told the Charlotte Observer. “Sometimes we do ourselves a great disservice by not disclosing as much information as we can.”

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate