image
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Second judge rules eavesdropping law unconstitutional

Friday, Mar 2, 2012

* A Cook County judge ruled the state’s eavesdropping law is unconstitutional today. It’s just a lower court judge, but that makes two judges in six months who’ve ruled the same way. Another woman charged with a felony was recently acquitted. From the Tribune

The law makes it a felony offense to make audio recordings of police officers without their consent even when they’re performing their public duties.

Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes “wholly innocent conduct.”

Somebody once tape recorded a private conversation he had with me. I was furious, pointed to the felony penalties and the tape was quickly destroyed. Recording completely private conversations is one thing. Recording a police officer in a public setting engaged in a public duty seems legit to me. The state already prohibits people from interfering with the police. There are reasonable limits on what can and can’t be done, but slapping somebody with a felony is extreme beyond belief.

* A little background on the defendant Chris Drew

Chris originally set out to challenge a 1994 Chicago Ordinance which equates artists as non-speech peddlers. As Chris puts it, “Art is Speech” which is not the same as selling socks or watches. Prior to this ordinance, artists could be found selling their art in downtown. The legendary Lee Godie, a naïve artist, would sell drawing and painting in front of the Art Institute in the 80s, as other artists would be seen around downtown as well. Not so today.

For a period of about a year, I documented Chris on his journey, as he and UM-CAC artists distributed art patches in downtown Chicago. Sometimes for free, sometimes for donation, and also selling them for $1.

On Dec. 2, 2009, Chris was selling art patches, for $1, as part of the FREE SAM, (Free Speech Artists Movement) He was arrested for peddling without a license, and peddling in a prohibited district. But the shocker came when at the police station, an officer found a small personal tape recorder in his red cape. The charge of Class 1 Felony Eavesdropping was added, with a bond of $20,000. At his first court appearance the misdemeanor charges of selling art in public without a peddlers license and in an area prohibited by the peddlers license were dropped. To the surprise of many, including Chris, there is a law in Illinois which appears to cover a person audio recording their own arrest. Others have been charged under this law as well.

- Posted by Rich Miller        


9 Comments
  1. - Newsclown - Friday, Mar 2, 12 @ 12:50 pm:

    Good; the sooner this thing is fixed, the better. It should never have been allowed in the first place. Thanks to government security policy we now live in the panopticon; the law enforcement watches should be just as watchable as we are. Only good can come from reforming this law.


  2. - Just Observing - Friday, Mar 2, 12 @ 12:53 pm:

    Great ruling. This is an issue that needs to be resolved in the courts and/or legislature — for too long police have pushed for these laws to prevent citizens from filming bad or corrupt police behavior caught on tape. State Rep. Elaine Nekritz has proposed legislation to partially address this.


  3. - Carl Nyberg - Friday, Mar 2, 12 @ 2:37 pm:

    This is one issue that should make any voter question a politician who says s/he’s with the Fraternal Order of Police 100% of the time.


  4. - Plutocrat03 - Friday, Mar 2, 12 @ 2:49 pm:

    And how long did it take to fix this stupid law?

    What a waste of time and money


  5. - Just Observing - Friday, Mar 2, 12 @ 2:54 pm:

    === And how long did it take to fix this stupid law? ===

    This law is not fixed — as Rich points out this is only a lower court ruling — we still need a substantive legislative fix.


  6. - mark walker - Friday, Mar 2, 12 @ 3:05 pm:

    State Rep Nekritz has already brought the bill to fix it. It ought to be passed and signed.


  7. - reformer - Friday, Mar 2, 12 @ 3:18 pm:

    It’s an embarrassment that the General Assembly waits for judges to force their hand, when the injustice of this felony has been visible for years.

    Previous attempts to revise this law have been blocked by The Speaker.


  8. - amorro - Sunday, Mar 4, 12 @ 7:00 pm:

    The Illinois Eavesdropping’s battle isn’t over yet. On March 15th, 2012, Melongo will argue her motion to dismiss. She recorded Pamela Taylor, a Cook County Court Manager, for an alleged tampered court transcript. She’s challenging this controversial law on First and Fourteenth Amendments grounds.
    Melongo’s motion : http://tinyurl.com/6nqv2se
    State’s response: http://tinyurl.com/73fwecf


  9. - Anonymous - Monday, Mar 5, 12 @ 5:30 pm:

    In some instances a Citizen’s only chance against corrupt and abusive Police—to prove what actually happened during a police encounter—is to record/film the Cops. Almost every week there are published news accounts of e.g. police taking bribes, aiding & smuggling illegal drugs, robbing drug-dealers, planting evidence and committing perjury. Police corruption has become a greater threat to Americans since Congress passed in December 2011 (NDAA) The National Defense Authorization ACT of 2012. Police that falsify reports and give perjured testimony can cause innocent Citizens to be swept off the street and indefinitely incarcerated for suspected of supporting or being a terrorist, combatant or belligerent. Under (NDAA) Government doesn’t need probable cause or corroborating evidence to Indefinitely Detain Americans without charges, without right to an attorney, trial or Habeas Corpus. A recording or film of police may be a Citizen’s only hope-provided police don’t destroy it…


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Judge denies request to dismiss sexual harrassment charges
* SUBSCRIBERS ONLY - Updated fundraiser/event list
* Unions file motion to dismiss Rauner's federal fair share case
* Question of the day
* Today's long read
* CeaseFire funding eliminated
* Credit unions serve as not-for-profit cooperatives; Banks elect Subchapter S to avoid taxes
* The consequences of cuts
* Measure twice, cut once
* *** UPDATED x1 *** Oil train derails near river confluence
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * A lot of recent Sony Xperia hardware is never going to get Lollipop
        * Google Drive update hints at Chromecast support, move away from Google+ photo backup
        * Sony Mobile won’t release flagship in a yearly cycle
        * Samsung Galaxy S6 touchscreen problems: mountain or molehill?
        * 'Reserve Strap' Plans to Charge the Apple Watch on the Wrist
        * SimCity BuildIt update brings city-building to Tokyo
        * TC AppleCast 7: Apple Watch Event Preview

        * Feds charge three foreigners in 'one of the largest' data breaches in U.S. history
        * Focus Your Ambitions with the Lifehacker Hierarchy of Goals
        * This Video Clears Up 10 Misconceptions About Skin and Makeup
        * Investigator Was Told Women Made More Money for Kleiner
        * Alleged Sony Xperia Z4 Frame Compared To The Xperia Z3
        * Samsung Rumored To Be In Talks With MediaTek
        * Apple Watch Battery Life Might Not Be As Bad As We Thought

        * Rodon pleased with fastball command in first outing
        * Rodon sharp in first taste of Cactus League
        * Rodon sharp in first taste of Cactus League
        * Crain advancing at White Sox camp, ready to face hitters
        * Mourners pay respects to Minoso at public visitation
        * Adams quickly climbing White Sox prospect charts
        * Tim Anderson's Cactus League debut reflects reports

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * How'd the meeting with the Senate's Black Caucu.....
        * Rauner names O’Fallon man to board considering .....
        * NTSB has plenty of questions to answer in NYC r.....
        * Rauner picks District 214 administrator to lead.....
        * Rauner says criticism of NJ isn’t about Christie..
        * MRI at NJ animal hospital explodes, roof collapses..
        * Fans Honor Minnie Minoso at Public Visitation..
        * Rauner says criticism of New Jersey isn't about.....
        * Cutting Illinois' prison population the right way..
        * Rauner says next mayor should have 'financial s.....


        * Illinois congressman hires firms to review office spending
        * Body found in Urbana lake is missing Chicago man
        * Illinois oil train derailment involved safer tank cars
        * EPA: No chemicals detected in air near oil train fire
        * Rauner says criticism of New Jersey isn't about Christie
        * Durbin calling for tougher tank cars
        * Judge: Sex-harassment case against Rutherford may proceed
        * Indiana files complaint against Gary funeral home
        * Indiana to end Indianapolis-to-Chicago Amtrak line in April
        * Unions ask federal judge to dismiss Rauner lawsuit over dues

        * Rauner says criticism of New Jersey isn't about Christie
        * Judge: Sex-harassment case against Rutherford may proceed
        * Unions ask federal judge to dismiss Rauner lawsuit over dues
        * Senate Democrats criticize salaries in governor's office
        * House forms education funding task force
        * Unions sue to block Rauner's order on dues collection
        * Lawmakers propose increasing state's earned income tax credit
        * Local men plead guilty to stealing millions from Illinois EPA
        * Report: State budget cuts would harm children in poverty
        * Court monitor says IDOT should clean house on hiring rules

        * How'd the meeting with the Senate's Black Caucus go, Gov. Rauner?
        * ITW CEO's compensation jumps to $12 million
        * Judge: Sex-harassment case against Rutherford may proceed
        * Blackstone in talks to buy Willis Tower for $1.5 billion
        * Tribune Media's $650 million insider windfall


          * EPA: No chemicals detected in air near oil train fire
          * Cardinal George to go home from hospital Saturday
          * Semi hits 2 kids, 1 adult, critically injuring them
          * Body found in Urbana lake is missing Chicago man
          * Englewood, South Shore shootings wound 3
          * Rauner says next mayor should have 'financial sophistication'
          * KKK skit shocks Wheaton College campus
          * Police: Burglary ring targeted school, video gambling machines
          * Indiana 'baby box' bill sparks backlash from some groups
          * Prosecutors: Man died when friend tried to collect dice game debt


          * Ex-Gov. Quinn Begins Collecting Six-Figure Pension
          * Durbin Wants To Extend Benefits To All Veterans' Caregivers
          * Listen to State Week - March 6, 2015
          * The Raw Milk Underground
          * Opportunity in failure: companies see profit in Chicago dropouts
          * Unions Take Rauner To Court
          * Art Beat: Three Art Shows & Rock N' Roll
          * Full Audio: Poetry Out Loud - Central IL Regional Contest 2015
          * Let's Talk Kids - "A Shot in the Arm"
          * Lincoln Carriage Headed To DC


          * Rauner says criticism of New Jersey isn't about Christie
          * Judge: Sex-harassment case against Rutherford may proceed
          * Unions ask federal judge to dismiss Rauner lawsuit over dues
          * Our Opinion: Will Schock drown in the drip, drip, drip?
          * David E. Miller: New hepatitis C treatments save lives, reduce expensive complications
          * E.J. Dionne: The Bibi-Boehner coalition
          * Esther Cepeda: The importance of Chicago's Latino vote
          * Senate Democrats criticize salaries in governor's office
          * Quote of the Day: Thursday, March 5, 2015
          * House forms education funding task force


          * Armed robbery reported in Champaign
          * Change of plans: Stern to build pot dispensary in Milan
          * Ferguson police chief stays on the job after federal report
          * Rauner names O’Fallon man to board considering St. Elizabeth’s move from Belleville
          * LIVE: UNOFFICIAL 2015
          * A day at Unofficial 2015
          * South Highway Water District under a boil order
          * Updated: Lawyer seeks gag order in suit against MTD
          * Collinsville man gets 6 years for bank robberies that netted $111,000
          * Derailed tank cars allowed to reignite


          * Kenyon Woods students, staff go bald for cancer awareness
          * Duke suspends 2 football players from games
          * Anti-heroin forum set in Batavia
          * Cubs' Black feels bad about Pence injury
          * Criminal profiler says Geneva woman was strangled

          * Roskam likens Hillary Clinton to Nixon - C...
          * George Will: Stopping the IRS - The Union ...
          * Congressman on Benghazi Cmte Compares Hill...
          * Republicans Drive Off The Crazy Cliff By C...
          * Lawmaker on Benghazi panel compares Hillar...
          * New King Should Advocate Human Rights, Ref...
          * IRS continues to act in pattern of corrupt...
          * Roskam gives Netanyahu painting before con...
          * George Will: Lawless IRS still stonewallin...
          * Opinion: U.S. Congress should be guided by...

          * Fiery oil train derailment in western Illi......
          * Durbin endorses challenger Jackson-Hicks i......
          * Oil on Train in Illinois Derailment Shippe......
          * GOP leader headed to Selma after all...
          * Illinois oil train derailment near Galena ......

          * Justice Department prosecutors to bring co......
          * Days Before News of Corruption Charges, Me......
          * Despite Netanyahu claim, cheap oil not see......
          * What We're Reading: A Petition To Bring Th......
          * Congressional Democrats urge Supreme Court......

          * Protesters Keep Pressure On CPD Over Homan Square Facility (VIDEO)
          * Chicago Fight For 15 Campaign Targets Belmont Cragin McDonald's
          * Park Ridge Mayor David Schmidt Dies
          * Unions File Suit Over Rauner's Executive Order On Fair Share Fees
          * Judge: Sexual Harassment Suit Against Rutherford Can Move Forward
          * Illinois Advocacy Groups Unite To Protect Medicaid From Rauner Budget Cuts
          * Register for Capitol Conference & Lobby Day today!
          * See if new IHDA mortgage program can help your clients
          * Chicago Protest At Homan Square Police Facility
          * U.S. Jobless Rate Ticks Down To 5.5%, But Wage Growth Is Sluggish


          * Illinois Celebrates AmeriCorps Week - March 9-13, 2015 designated as a week to recognize 3,700 volunteers
          * Liquor Control Commission February Underage Compliance Report
          * CHANGE YOUR CLOCK, CHANGE YOUR BATTERIES - The Office of the State Fire Marshal Reminds Residents to Change Their Smoke Alarm Batteries as Clocks are Set Forward This Sunday
          * Statewide Financial Aid Workshops Help Improve Illinois FAFSA® Completion Rates - Illinois Student Assistance Commission Encourages Students to Continue to Complete Their FAFSAs
          * White-Nose Syndrome Found in Four Additional Illinois Counties - Disease That Has Killed Millions of Bats in North America Confirmed For First Time in Union, Saline, Johnson and Jackson Counties




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller