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.


* Right under the bus he goes
* Question of the day
* Bad news for Duckworth
* Moody's issues Chicago fiscal FAQ
* More like this, please
* Dueling taunts
* Good news on workers' comp costs?
* Obama picks Jackson Park for library site
* Behind the delegation's "unity" is some old enmity
* Why were Bernie's boobirds so quiet yesterday?
* Budget crisis, lower tuition contributing to Wisconsin recruitment success
* Caption contest!
* Madigan again compares Rauner to Trump
* "Excellent politics" but "questionable for governance"
* Could be awhile before Mautino's hearing
* Poll: Durbin leads Democratic field by huge margin
* *** UPDATED x1 *** The Durbin timeline
* More bad news
* *** UPDATED x1 - Madigan responds *** Rauner finally talks about Sandack, but keeps mostly mum
* Latest Legionnaires' outbreak puzzles health experts
* *** UPDATED x1 *** Why did Chris Kennedy run away from reporters yesterday?
* *** LIVE COVERAGE *** Democratic National Convention
* 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

  
* Slow G5 sales, high marketing expenditures take toll on LG’s Q2 mobile results
* Samsung Reports Highest Profit in Two Years on Robust Galaxy 7 Sales
* iPhone 7 pre-orders likely to go live on September 9, launch event taking place a little earlier
* ‘Expanded’ Galaxy S7 sales help Samsung post record two-year profit
* SoundCloud hoping to find buyer willing to part with $1 billion
* Two sites have BlackBerry DTEK50 pre-orders for the world
* Google Play Family Library makes it a little easier to share content

* Ranaudo flirts with no-no before Sox falter late
* Ranaudo the first AL pitcher to homer in 2016
* Midseason update: White Sox Top 30 Prospects list
* Cubs 8, White Sox 1: Anthony Ranaudo can't do it all
* Sale returns from suspension to face Cubs
* Ranaudo flirts with no-no before Sox falter late
* Saladino, Sanchez to share 2B in Lawrie's absence

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


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

Archives
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
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


* Madigan say Democrats no factor in Ron Sandack .....
* Rauner: Illinois doing all it can on Legionnair.....
* Bernard Schoenburg: Durbin leads a very early 2.....


* EXCHANGE: Businessman using giant hand to point as landmark
* Indiana National Guard unit set for Afghanistan deployment
* Suburban man sentenced on gun, drug charge
* Man won't be prosecuted for threat to University of Chicago
* NTSB says part of plane scattered nearly a mile
* Man wounded during Reagan murder try hopes judge is right
* Rauner: Illinois doing all it can on Legionnaires' cases
* The Latest: Rauner: Illinois doing all it can on bacteria
* AP source: Site for Obama's presidential library chosen
* Madigan say Democrats no factor in Ron Sandack cyber attacks

* Blagojevich won't attend resentencing, to take part by video
* Chicago-area man convicted of bilking Medicaid for millions
* Rauner: Illinois doing all it can on Legionnaires' cases
* Chris Kennedy blasts Gov. Rauner at Democrats' convention
* AP source: Site for Obama's presidential library chosen
* Auditor General Mautino misses deadline to file amended reports
* Prosecutors: Rod Blagojevich isn't 'deserving of leniency'
* High-profile Republican state lawmaker abruptly resigns
* High-profile GOP Illinois lawmaker Sandack suddenly resigns
* 2 efforts in Illinois attempt to change sex offender laws

* Jackson Park the right choice for Obama Library
* A startup's helpful—and nonpartisan—voters guide
* Groupon shares surge on higher sales forecast for rest of year
* Why Cigna plans to sell through more health exchanges in 2017
* Chicago lawyer accuses her firm of gender discrimination


* Man shot in Noble Square
* Police: Woman killed, 3 wounded in Back of the Yards shooting
* Man charged with setting tent on fire at Naperville gas station
* 2 killed, 5 wounded in city shootings Wednesday
* Front office made its move; now Cubs say, ‘It’s up to us to win’
* 5 days after showing off his best cutter, Sale takes on Wrigley
* 17-year-old boy shot in North Lawndale
* Georgia Nicols horoscopes for July 28, 2016
* Dear Abby: Husband thinks it’s OK to call me fat
* Woman missing from Chicago Lawn


* 2 dead, 2 wounded in shooting at Back of the Yards block party
* Bayern Munich and AC Milan put on friendly show at Soldier Field
* Susan Sarandon, other celebrities, join delegates in protest at convention
* Democratic National Convention Day Three: Obama argues 'America is already great, America is already strong'
* Winners and losers from the third night of the Democratic convention
* 3 Cubs homers, including Addison Russell slam, result in rout of White Sox
* Obama boosts Clinton: 'Carry her the same way you carried me'
* Cubs marvel over Aroldis Chapman's fastball, slider and overall command
* Some facts stretched a bit on day 3 of Democratic convention
* Anthony Ranaudo's strong White Sox debut loses steam in loss to Cubs


* Blagojevich won't attend resentencing, to take part by video
* Bernard Schoenburg: Durbin leads a very early 2018 gubernatorial poll
* George Will: The path ahead for Clinton
* U.S. Sen. Mark Kirk: Fighting the heroin epidemic in Central Illinois
* Eugene Robinson: Can the Democrats stay out of their own way?
* Chicago-area man convicted of bilking Medicaid for millions
* Rauner: Illinois doing all it can on Legionnaires' cases
* Chris Kennedy blasts Gov. Rauner at Democrats' convention
* AP source: Site for Obama's presidential library chosen
* Mindy Swank: SB 1564 is reasonable compromise between patients' rights, providers' faith


* A look at Illinois' concealed carry law
* Tour De Paws set for 5th run in Nelson Park
* Amanda's 7 picks for the weekend
* 6 local musical acts to see at Street Fest
* Ruby C. McCann
* Beulah Fay Kmiecik
* Ruben Zavala-Pinto
* Jean A. Ibendahl
* Charles Edward Edmonds
* Lawrence A. Lipe


* The Latest: Moscow sending experts to Geneva for Syria talks
* University of Louisville accepts president's resignation
* VW sees second quarter profit halved after emissions scandal
* Russian defense ministry sending experts to Geneva at request of U.S. Secretary of State to discuss Aleppo crisis.
* AP NewsAlert

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Recent Poll Shows Illinois Democrats Favor......

* U.S. Sen. Mark Kirk: Fighting the heroin e......
* U.S. Sen. Mark Kirk: Fighting the heroin e......

* Update: The Tattler is cruisin' to ChicagoNow with the Trib
* The Tattler is cruisin' to ChicagoNow with the Trib
* Weekend work: A Blue Line "ditto"
* News pickup: CTA complaints; passengers falling on tracks
* "This is only a test!" Emergency exercise to shut Washington Blue Line stop, nearby bus routes
* CTA I-Go smart card earns Chicago Fast Cities nod
* CTA avoids fare hikes by using capital funds to balance budget
* CTA Tattler now can be found at ChicagoNow.com
* Blagojevich will be on TV again (sort of); does he want to control image?
* Chicago Homicide Rate Was 18 Times Higher For African Americans Than Caucasians Last Year


* Governor Visits Quincy Veterans Home Following New Cases of Legionnaires’ Disease
* Zika Virus And The 2016 Summer Olympics - Travel guidance for those heading to Brazil for the Olympics
* Two Cases of Legionnaires’ Disease Identified in Adams County - New admissions to Quincy Veterans' Home halted
* Serve Illinois Commission Announces $15.6 Million for AmeriCorps Programs - 32 grantees will place almost 1,600 AmeriCorps volunteers in communities
* Rauner Calls on General Assembly to Vote on Constitutional Amendment for Term Limits in Fall Veto Session




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller