Fifth Circuit splits over constitutionality of Louisiana police buffer zone law
The Fifth Circuit divided on the constitutionality and First Amendment impact of Louisiana's police buffer zone law.
Why it matters: Legal professionals and journalists face uncertainty over how police buffer zones affect constitutional rights. The ruling influences coverage of protests and law enforcement in the southern U.S., affecting legal challenges and police practices.
- Louisiana's 25-foot buffer zone law became effective August 1, 2024, criminalizing knowingly approaching police within that zone after an order to retreat.
- In January 2025, U.S. District Judge John W. deGravelles blocked the law due to vagueness and Fourteenth Amendment concerns.
- On June 1, 2026, the Fifth Circuit issued a split decision on the law’s constitutionality and First Amendment implications.
- The split highlights judicial disagreement on balancing police regulatory authority with press freedoms during protests.
On June 1, 2026, the Fifth Circuit Court of Appeals delivered a divided ruling on Louisiana's 25-foot police buffer zone law. This statute prohibits "knowingly approaching" within 25 feet of a peace officer after an order to retreat during official duties and took effect on August 1, 2024.
The law aims to prevent interference with law enforcement but has faced challenges on constitutional grounds, particularly regarding the First and Fourteenth Amendments. Media groups and civil rights advocates argue that it impedes journalists from observing and documenting police conduct, raising serious press freedom concerns.
U.S. District Judge John W. deGravelles preliminarily enjoined the law in January 2025, finding it impermissibly vague and infringing on due process under the Fourteenth Amendment. He stated, "It is not a crime to stand within 25 feet of a police officer, and yet the Act gives an officer unfettered and standardless discretion to make it a crime merely by ordering retreat even when there is no conduct that justifies such an order."
In the more recent Fifth Circuit decision, judges were sharply divided. Some viewed the law as a necessary regulatory measure to maintain public order and protect officers during volatile situations. Others warned it could chill constitutional rights, particularly for journalists covering protests where close observation is essential.
This split mirrors a national tension between maintaining public safety and safeguarding the press’s ability to report on law enforcement. The ruling's outcome leaves legal practitioners, media outlets, and police departments navigating uncertain constitutional terrain regarding buffer zones and protest coverage.
By the numbers:
- 25 feet — distance defined by Louisiana’s buffer zone law
- August 1, 2024 — effective date of Louisiana's buffer zone statute
- June 1, 2026 — date of the Fifth Circuit split ruling
Yes, but: While the Fifth Circuit divided on the law’s constitutionality, enforcement and litigation will likely continue as courts further clarify the balance between public safety and First Amendment protections.
What's next: Further appeals or en banc review by the Fifth Circuit could clarify the law’s status. Meanwhile, legal challenges and legislative responses in other states may arise based on this precedent.