A proposed California bill that would impose new penalties on individuals who record nonprofit organizations has drawn criticism from David Tangipa, who said the measure could impact investigative journalists and raise constitutional concerns.
Tangipa said the legislation could apply to individuals engaged in investigative reporting, including figures such as Nick Shirley and James O’Keefe, if they record activities involving nonprofit groups.
According to Tangipa, the bill would allow for both criminal and civil penalties, with fines that could reach up to $10,000.
“A government that diminishes transparency has something to hide, and now the state of California has proposed a bill that would ban people like Nick Shirley, James O'Keefe and other organizations out there that are doing investigative journalist work,” Tangipa said.
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He said the bill would create legal exposure for journalists who document nonprofit operations.
“If they are videotaping some of these nonprofit organizations, they could be criminally charged,” he said.
“They could be gone after civilly, up to $4,000 in some cases, and potentially $10,000.”
Tangipa described the proposed penalties as inconsistent with other aspects of state law, pointing to what he characterized as differences in how certain offenses are handled.
“Think about how crazy this is in the state of California, where they have reduced laws on child predators,” Tangipa said. “They have early release laws for violent individuals, all in our prison systems, but yet they want to add more penalties to potentially investigative journalists.”
He said the proposal raises broader concerns about government transparency and public oversight, particularly in cases where nonprofit organizations receive public funding.
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“Think about how crazy that is in this state,” Tangipa said. “This law is probably more than likely unconstitutional because it bans open public videotaping.”
Tangipa also pointed to the role of taxpayer funding in supporting nonprofit organizations, arguing that such funding increases the need for public visibility into their operations.
“And not only that, these nonprofit organizations get government funds,” he said. “We give them money.”
He questioned the intent behind restricting recordings in such settings.
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“What are they doing that they want to hide?” Tangipa said.
Tangipa said the measure could have broader implications for individuals seeking to document or report on publicly funded programs, and he urged increased public attention to the issue.
“And again, a government that diminishes transparency has something to hide,” he said. “We need people to get involved before they try to punish you for trying to expose these issues.”
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