ACLU Files Federal Lawsuit Against Memphis Safe Task Force over Tennessee Law Requiring Retreat from Law Enforcement When Ordered

TN National Guard

Four Memphis residents represented by the American Civil Liberties Union (ACLU) filed a federal lawsuit accusing the Memphis Safe Task Force (MSTF) of retaliating against them for recording its operations in the city. In a notice filed with the court Monday, the plaintiffs formally confirmed their lawsuit will challenge the constitutionality of Tennessee’s Halo Law, which makes it a crime to remain within 25 feet of law enforcement after being ordered to move back.

The lawsuit accuses the MSTF of maintaining an unconstitutional policy, pattern, and practice of retaliation against individuals in the city who observe, gather information, and record the task force’s operations in public, alleging that law enforcement has engaged in harassment, surveillance, intimidation, unreasonable stops, and abuses of Tennessee’s Halo Law, which makes it a Class B misdemeanor to intentionally approach or remain within 25 feet of a law enforcement officer after being ordered to move.

In its Monday notice to the court, the plaintiffs confirm their litigation constitutes a constitutional challenge to Tennessee’s law, formally notifying Attorney General Jonathan Skrmetti and enabling the state to intervene.

According to the filing, the law “unconstitutionally burdens Plaintiffs’ First Amendment Rights to gather information and record about law enforcement activity,” and “is not narrowly tailored to a significant government interest and does not leave open ample alternative channels for Plaintiffs to engage in their constitutionally protected activities.”

The legislation was introduced in April 2025, after a series of public demonstrations in downtown Nashville by antisemitic militias drew headlines, and was proposed as reasonable legislation to protect law enforcement.

“A 25-foot buffer zone for working law enforcement is a reasonable distance to protect the public’s safety and ensure our officers are able to perform their duties unobstructed,” State House Majority Leader William Lamberth (R-Portland) reportedly said after the legislation was introduced last year.

Similarly, State Senator Mark Pody (R-Lebanon) reportedly argued in a floor debate last year, “They’ve got the right to say, ‘You can film me, you can yell at me, you can do anything you want, but while I’m doing this you can stand back 25 feet.’”

The lawsuit was filed days after the ACLU’s earlier litigation on behalf of Tennessee plaintiffs. Also filed in federal court, that lawsuit seeks to reverse Tennessee’s new congressional map, which was signed into law earlier this month by Governor Bill Lee, arguing the “all-white supermajority” in the Tennessee General Assembly sought to “dilute” the “voting power” of black residents in the district.

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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
Photo “Tennessee National Guard” by Tennessee National Guard. 

 

 

 

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One Thought to “ACLU Files Federal Lawsuit Against Memphis Safe Task Force over Tennessee Law Requiring Retreat from Law Enforcement When Ordered”

  1. Tim Price

    The ACLU has become the cause a lot of the violence involving law enforcement.

    Why would anyone want to be close to law enforcement, when ordered to move away, unless they want they want trouble?

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