Capitol Fax.com - Your Illinois News Radar » Second judge rules eavesdropping law unconstitutional
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.


* Question of the day
* Call for bipartisan cooperation met with accusations
* Kennedy talks property taxes, school funding, but won't reveal his "fix"
* ILGOP targets Rep. Martwick with robocall
* Unclear on the concept
* Pritzker robocall: "Don't believe Bruce Rauner's lies"
* Inside the Senate Democrats' minds
* It's just a bill
* *** UPDATED x1 *** Rauner again refuses to accept responsibility or admit mistakes
* Pritzker to get firefighter nod, runs new ads, slammed by Trib, ILGOP
* "Right To Know" Is Wrong For Illinois. Vote No On SB1502
* *** UPDATED x1 - Rauner blames "procurement process" *** Another day, another warehouse lease probed
* CPS borrowing tab rises to $900 million
* Caption contest!
* Citigroup "strongly" urges clients to buy Illinois bonds
* Fingers point over continued Chicago population loss
* After years of ginning up pension envy, BGA finally clears the air
* *** UPDATED x1 - Pritzker responds *** Rauner gets deer in the headlights look after Proft question
* Department of Revenue finds problems with proposed service tax
* *** LIVE *** Session coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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

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

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

...............
<


Loading


* Senate Democrats: agencies must explain warehou.....
* Illinois' future depends on Gov. Rauner's reele.....
* Elected School Board Approved By Illinois House.....
* How Budget Cuts Endanger At-Risk Youth - In The.....
* Illinois Tollway board approves $25 million Rou.....
* Senate Democrats: Agencies Must Explain Warehou.....
* Senate Democrats: Agencies Must Explain Warehou.....
* The worst issue for Dems to die on - The Navigator..


* Life sentence for deaths of 2 women in botched bank robbery
* Chicago Ferris wheel hits 1M riders shy of 1-year birthday
* Nurses held hostage in Chicago-area hospital standoff sue
* House Democrats take time on Senate budget consideration
* Chicago firm will run $1 billion overhaul of Union Station
* Judge denies motion to drop charges in Laquan McDonald case
* Senate Democrats: agencies must explain warehouse deals
* Senate Democrats: agencies must explain warehouse deals
* Illinois to receive $1M of Johnson & Johnson settlement
* Illinois to receive $1M of Johnson & Johnson settlement

* Census: Springfield population drops below 2010 levels
* Census: Springfield-Sangamon Co. population drops below 2010 levels
* Senate panel questions state warehouse leasing process
* Senate committee questions the leasing process in which Illinois acquires warehouses
* Trump budget draws different Illinois reviews
* Bernard Schoenburg: Senate Democrats take action; situation still tense
* Illinois House begins review of Senate Democrats' budget plan
* Senate OKs bill allowing AT&T to shift resources from older technology
* Lawmakers hear about high caseloads, pressure at DCFS
* House Democrats propose college grant program

* Union Station is on its way back, but it needs one more thing
* The hidden Union Station: Take a tour
* Is the Sean Hannity advertiser revolt Bill O'Reilly all over again?
* Sears stock rises after company posts first profit since 2015
* Illinois to receive $1 million of Johnson & Johnson settlement


* Woman guilty of spending state grant money on personal items
* Man blames girlfriend’s dead parrot for his 3rd drunken driving offense
* In the age of Trump, excusing assault becomes the norm
* 35-year-old man fatally shot in Cicero
* Every hospital wants to know how two nurses were held at gunpoint
* Police: Woman killed, boy wounded in Avalon Park shooting
* Original ‘Chicago P.D.’ co-star Sophia Bush said to be leaving show
* Trump’s cruel and deviant budget
* GOP healthcare plan rewards rich, neglects rest
* Busy comedian T.J. Miller to end his run on ‘Silicon Valley’


* All aboard: Joliet Rocket steamin' into town
* Cheap out: Five fun things to do for free
* Quigley says Russia probe is 'in its infancy'
* Chicago in epicenter of charter school teacher contract disputes
* Illinois Tollway board approves $25 million Route 53 study
* Two teens among three shot to death in attacks on South Side
* Cubs cap nine-game homestand with 5-1 win over Giants
* Nonviolence is a choice: Group's message of peace seeks footing in tough Chicago neighborhood
* As ESPN's 'Mike & Mike' dissolve, 'Waddle & Silvy' roll on
* Chicago mom honored as a 'superhero' for fight against city violence


» Census Data: Chicago Lost 9,000 More Residents Last Year
» Does New Neighborhood Watch Reduce Crime Or Create Resident-Cops?
» Illinois Issues: Should 10-Year-Old Kids Be Kept In Juvenile Detention?
» Chicago Public Schools Look To Borrow $900 Million
» United CEO To Investors: We'll Be More Focused On Customers
» Red-Light Cameras Rake In Millions For Chicago Suburbs
» Judge Delays Decision On How Quickly State Should Pay Medicaid
» How Would Trump’s Budget Affect Illinois?
» Illinois Democrats Pass Budget Proposal in Senate
» Illinois Senate Approves Tax Hike, $37B Budget Plan


* Census: Springfield population drops below 2010 levels
* Census: Springfield-Sangamon Co. population drops below 2010 levels
* Senate panel questions state warehouse leasing process
* Senate committee questions the leasing process in which Illinois acquires warehouses
* Sounding the Alarm: Unacceptable
* Trump budget draws different Illinois reviews
* Bernard Schoenburg: Senate Democrats take action; situation still tense
* Our View: Cohesion needs to be central part of YWCA block decisions
* Illinois House begins review of Senate Democrats' budget plan
* Our View: Cohesion needs to be central part of Y block decisions


* Street closures listing
* Riverbend area church news, May 25
* Convicted murderer appeals sentence, says 100 years is excessive
* Belleville AmeriCorps hiring volunteers of all ages
* Muscatine family celebrates Lacina's 'Survivor' win
* Tiritilli drops recount effort
* Madison County police news, May 25
* Senior dance at the Collinsville Township Senior Citizens' Center
* STM hires Watson as football coach
* ‘It gets people out doing things’: Residents discuss Godfrey bike trail plans


* Tollway OKs $25 million, 4-5 year study of Route 53 extension
* Boys track and field: Aikens' fun ride at Fremd draws to a close
* Chicago Bears sign former Pro Bowl ide receiver Victor Cruz
* Glen Ellyn neighbors sue village, developers over gas station project
* Chicago Bears sign wide receiver Victor Cruz

* Sweet: Hultgren, Roskam, Kinzinger avoid b...
* Lester: Suburban lawmaker says he knew Com...
* Local Republicans, Democrats praise appoin...
* House GOP takes first steps to undo financ...
* Teacher raised in Yorkville running agains...
* Jim Walz Will Challenge Randy Hultgren for...
* PHOTOS: Protesters stage die-in at Randy H...
* Protesters continue die-in at US Rep. Rand...
* US Rep. Randy Hultgren's office the scene ...
* Second Democrat announces bid to unseat Hu...

* Wal-Mart beats JPMorgan again as GOP keeps......
* Durbin rips Republican health care bill af......
* Durbin: CBO Report Shows Why House Moved F......

* Congressional Budget Office: House bill to......

* Republicans call on AG Madigan to enforce balanced budget requirement
* Akin: New Report Shows Personal Injury Lawyers Gaming the System for Profit
* Terence Davies discusses the passions behind his latest film, A Quiet Passion
* Vocal-forward Chicago new-music group Fonema Consort celebrates its second album Saturday
* Tell your Illinois state representative to vote no on pension theft. I did. Will Guzzardi responds.
* In Jefferson Park the opposition isn’t about density. Here is a test about the issue of density: What ward do the richest people in Chicago live in and how does it compare in density to the ward where the poorest people in Chicago live?
* Mainstreet offers RPAC headshot incentive to REALTORS® in June
* Another trio celebrated at June 6 ROTY banquet
* Beachwood Photo Booth: American Spring
* Dalessandro leads Region 7 Caucus meeting


* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

  
* Last stock of OnePlus 3T runs out June 1 in Europe
* Join Talk Android as its assistant video editor!
* Android co-founder Andy Rubin will introduce Essential’s first phone on May 30
* Tips for mastering Magikarp Jump, the next Pokémon masterpiece
* Essential Products launches on May 30
* Lenovo will “never phase out” its brand for phones despite Motorola’s comeback
* Amazon has LG Tone Studio wearable personal speaker marked down to around $155

* Frazier's focus: 'Just keep on rolling' with Sox
* Kopech, Giolito starting on Thursday
* Abreu, Leury homers not enough in finale
* Quintana: Location culprit for big-inning woes
* Abreu, Leury homers not enough in finale
* Sox welcome Detroit for doubleheader
* Abreu, Leury homers not enough in finale


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

Archives
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
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




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