Arizona Appeals Court Upholds TV Station’s Right To Broadcast Live Police Chase and Suicide of Suspect

In Rodriguez v. Fox News (CA-CV 14-0437), the Arizona Court of Appeals has upheld a lower court’s dismissal of tort claims and the First Amendment right of the defendant to broadcast the car chase and subsequent suicide of a suspect on live television.

The media defendant argued that the First Amendment bars recovery because the speech here is a matter of public concern. The court agreed, noting, “the Fox broadcast clearly addressed a matter of public concern. The content of the broadcast depicted a police chase of an armed suspect who had fired at officers and demonstrated great disregard for the safety of others. The public has a strong interest in monitoring the manner in which law enforcement responds to criminal behavior….Certainly the public has a legitimate interest in the manner in which law enforcement officers perform their duties. Moreover Romero’s crimes themselves were ‘events of legitimate concern to the public.’ “

More discussion here from Eugene Volokh (Washington Post), article about the police chase and death here.