While protecting first responders is a shared priority, this bill is unnecessary, overly broad, and constitutionally troubling. It risks criminalizing lawful behavior, chilling free expression, and granting excessive discretionary power to law enforcement—without demonstrating a real gap in existing law. 

 1. It Threatens First Amendment Rights 

 The bill creates a de facto “buffer zone” around first responders that can be enforced based on subjective intent such as “harassment” or “interference.” These terms are vague and elastic, creating a serious risk that constitutionally protected activities—such as filming police, verbal criticism, or peaceful protest—could be criminalized. 

 Courts have consistently recognized the right of the public to observe and record law enforcement performing their duties in public. This bill invites enforcement that could chill free speech, press freedom, and the right to assemble, particularly during protests or public emergencies. 

 2. Existing Laws Already Address the Problem 

 West Virginia law already criminalizes: 

•  Obstruction of law enforcement 
•  Disorderly conduct 
•  Harassment 
•  Assault and threats 
•  Interference with emergency services 

 If someone truly impedes, threatens, or harasses a first responder, current statutes already provide tools to address that conduct. This bill does not fill a legal gap—it duplicates and expands criminal liability unnecessarily. 

 3. Vagueness Encourages Selective Enforcement 

 The bill relies heavily on a first responder’s subjective judgment of intent and emotional distress. This opens the door to unequal and discriminatory enforcement, particularly against: 

•  Protesters 
•  Journalists 
•  Legal observers 
•  Bystanders recording police activity 

 Laws that are unclear or overly discretionary erode public trust and increase the likelihood of abuse. 

 4. Criminal Penalties Are Disproportionate 

 A misdemeanor punishable by up to one year in jail for merely standing within 25 feet after a verbal warning—even without physical interference—is excessive. This risks turning everyday citizens into criminals for conduct that is nonviolent and often lawful. 

 5. Public Safety Depends on Transparency, Not Distance 

 Accountability and transparency improve public safety for everyone, including first responders. Pushing the public farther away—especially during controversial or high-stress encounters—undermines confidence rather than building it.