By Xenom 
The Indiana buffer zone law injunction has turned into one of the most significant First Amendment battles in our state’s recent history. As someone who’s been tracking this case since day one, I want to break down what’s happening and why it matters to you.
The Controversial 25-Foot Rule Explained
In April 2023, Indiana enacted a law (IC § 35-44.1-2-14) that made it illegal to approach within 25 feet of a police officer after being told to stop. The penalties weren’t light:
- Class C misdemeanor charges
- Up to 60 days in jail
- Fines up to £500
What made this law particularly problematic? It never specified when or why an officer could order someone to stop approaching. This vague language became the crux of the legal challenges that followed.
In his September 2024 ruling granting a preliminary injunction, Judge Sweeney stated, “Simply being within twenty-five feet of a police officer is not a crime, and indeed, important First Amendment rights are regularly exercised within twenty-five feet of law enforcement every single day.”
Throughout the legal battle, the Indiana Attorney General’s Office defended the law as “a reasonable measure” to protect law enforcement officers while performing their duties.
Key Timeline: Indiana Buffer Zone Legal Battle
| Date | Event |
|---|---|
| April 2023 | Indiana enacts buffer zone law (HEA 1186) |
| July 1, 2023 | Law becomes effective |
| Late 2023 | Legal challenges filed in Northern and Southern Districts |
| January 2024 | Judge Leichty (Northern District) upholds law |
| September 27, 2024 | Judge Sweeney (Southern District) grants injunction |
| September 27, 2024 | 7th Circuit hears oral arguments in Nicodemus appeal |
| Early 2025 | Indiana Legislature passes HB 1122 amendment |
| March 25, 2025 | Governor Holcomb signs amended law |
Two Lawsuits, Two Different Outcomes
The legal challenges to this law took an unusual turn when two separate federal courts reached opposite conclusions.
The Media Coalition’s Victory
A group of journalists and media organizations filed suit in Indianapolis, arguing the law violated both:
- Their First Amendment right to gather news
- The Fourteenth Amendment’s protection against vague laws
On September 27, 2024, Judge James Sweeney granted a preliminary injunction, effectively stopping enforcement of the law statewide. His ruling specifically noted the law could allow officers to push people back “simply because the officer does not want to be recorded.”
I’ve covered police incidents throughout Indianapolis, Bloomington, and Fort Wayne, and getting clear audio and video often requires being closer than 25 feet. This ruling recognized that reality.
The Citizen Journalist’s Setback
Meanwhile, in South Bend, citizen journalist Donald Nicodemus (who runs a YouTube channel documenting police activity) filed his own lawsuit with help from the ACLU of Indiana.
In January 2024, Judge Damon Leichty ruled against him, finding the law constitutional. The court documents from this case describe a specific incident where South Bend police invoked the law against Nicodemus, ordering him back even when he believed he was already beyond 25 feet.
This case has been appealed to the 7th Circuit Court of Appeals, with oral arguments already completed. Their decision, expected soon, will likely resolve the conflicting rulings across Northern and Southern Indiana districts.
The Legislature’s Quick Fix
Rather than wait for the courts to sort things out, Indiana lawmakers pushed through House Bill 1122 in early 2025. This amendment tried to fix the vagueness problem by adding a standard:
Officers can now only order someone to stop approaching if they “reasonably believe” the person’s presence will interfere with their duties.
The bill sailed through both chambers, with the House voting 71-19 and the Senate 39-10 in favor. Governor Holcomb signed it into law on March 25, 2025.
During legislative hearings, Representative Matt Pierce expressed concern that the “reasonable belief” standard remained too subjective and failed to define specific behaviors that would constitute interference. Representative Robin Shackleford noted constituent concerns about accountability and the 25-foot distance being too great.
How This Affects Real People
This isn’t just about abstract legal principles. Consider these real-world situations:
- Journalists covering protests in Indianapolis need to be close enough to capture what officers and protesters are saying
- Bystanders recording police encounters in Gary, Evansville, or Terre Haute might need proximity to document potential misconduct
- Family members concerned about a loved one’s arrest in Muncie or Lafayette could be ordered to back away
The 25-foot restriction creates a significant barrier to meaningful observation in these situations.
Practical Guide for Recording Police in Indiana
If you’re planning to record police activity in Indiana, here are some guidelines based on the current legal situation:
- Know your legal rights: The First Amendment protects your right to record police in public places
- Maintain distance: Stay at least 25 feet away when possible
- Don’t interfere: Position yourself where you won’t obstruct police operations
- Comply with orders: If told to move back, comply first and contest later
- Announce recording: Politely inform officers you’re recording
- Be transparent: Don’t conceal your camera or recording device
- Keep footage: Preserve any recordings that might contain evidence
- Document details: Note officer names, badge numbers, and witnesses
Similar Buffer Laws: State Comparison
| State | Buffer Distance | Key Provisions | Current Status |
|---|---|---|---|
| Indiana (Original) | 25 feet | No standard for order | Enjoined statewide |
| Indiana (Amended) | 25 feet | “Reasonable belief” of interference | In effect, untested |
| Arizona | 8 feet | Recording within distance | Blocked, later repealed |
| Louisiana | 25 feet | Approach after order | Temporarily enjoined |
| Florida | 25 feet | Must also impede/threaten/harass | In effect |
FAQ’s About Indiana Buffer Zone Law Injunction
Can police still tell me to back up even with the injunction?
Yes. Police can still give lawful orders to maintain scene safety. The injunction only blocks enforcement of the specific 25-foot rule from the original law.
Does the amended law affect my right to record police?
The amended law still allows recording but requires you to stay 25 feet away if an officer reasonably believes your presence will interfere with their duties. What counts as “reasonable” remains open to interpretation.
What should I do if ordered to back up while recording?
Always comply with police instructions in the moment, even if you believe your rights are being violated. You can address potential violations through proper legal channels afterward.
When will we know the final outcome of these cases?
The 7th Circuit decision in the Nicodemus case will provide significant clarity. Court watchers expect a ruling by mid-2025, though appeals to the Supreme Court remain possible.
How does this affect journalists versus ordinary citizens?
Both journalists and citizens have First Amendment rights to record police, though media organizations have successfully argued the buffer zone particularly impacts professional newsgathering.
The Balance of Rights and Safety
The debate over the Indiana buffer zone law injunction reflects a fundamental tension: balancing police safety concerns with the public’s constitutional right to monitor government actions.
The Indiana controversy connects to broader national conversations about government transparency, constitutional protections, press freedoms, and the public’s right to document official actions.
Whatever the courts ultimately decide about the Indiana buffer zone law, the right to observe and document police activity remains essential for government accountability in our democracy.
[This article was last updated April 2025 based on the latest information about the Indiana buffer zone law injunction.]