ACLU challenges law barring recording of police

Link to Trib article here
 
August 19, 2010 9:46 AM | No Comments
The American Civil Liberties Union of Illinois filed a federal lawsuit today against Cook County State's Attorney Anita Alvarez challenging the Illinois Eavesdropping Act, which criminalizes the recording of public conversations with police, according to a complaint filed in federal court in Chicago.

The recordings in this case were created without the consent of the officer and occurred in public places when officers were performing public duties, according to the complaint.
The ACLU wants to end prosecution for recording public conversations with police because the organization believes it is a violation of the First Amendment, according to the complaint.

According to the ACLU, the law has been used to thwart people who want to monitor police activity for misconduct. That includes the ACLU itself, which states in the complaint that it wants to monitor police using recording devices, but it fears Alvarez's office will prosecute the civil rights organization for violating the eavesdropping act.

--Staff report

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Permalink Reply by milesperhour on August 19, 2010 at 5:14am
good news. thanks for sharing. i'm hearing more and more cases where police are arresting citizens for recording.
Permalink Reply by Jason W on August 19, 2010 at 7:52am
This is good news!

Do we know of Chicago Police doing this (besides Chris Drew), or just in general?
Permalink Reply by Mike Zumwalt on August 19, 2010 at 3:53pm
In a large group such as almost any event in downtown Chicago there are 100's if not 1000's with recording devices on cameras, cell phones so they're going to arrest someone for video taping an arrest of police action? then arrest the person/people recording the people getting arrested for being arrested for recording?
Permalink Reply by Rowbike Mike on August 20, 2010 at 2:40am
The whole "police can videotape you but you can't videotape them" position is ridiculous. I have a tremendous amount of respect for police in general, but this double-standard has to go.
Permalink Reply by A.K.A Paul on August 20, 2010 at 5:24am
I would imagine that if police were to video tape someone (without a warrant) comitting a crime that they wouldnt be able to use the footage either, afther all they have to follow the same laws that they enforce. I wonder if it's the posting or publishing of the video online or elsewhere that needs consent and not just the recording.

Rowbike Mike said:
The whole "police can videotape you but you can't videotape them" position is ridiculous. I have a tremendous amount of respect for police in general, but this double-standard has to go.
Permalink Reply by Spencer "Thunderball" Thayer! on August 20, 2010 at 5:27am
Law enforcement is exempt from this law. For a great series of informative articles check out Photograph Is Not A Crime. Or for a specific case regarding one of our regular Critical Massers check out this brief regarding the Chris Drew case,
http://www.c-drew.com/blog/free-speech-artists-movement/motion-to-d... .

CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961.

In Illinois, an eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation. 720 Ill. Compiled Stat. Ann. 5/14-1, -2. An eavesdropping device is defined as anything used to hear or record a conversation, even if the conversation is conducted in person.

In addition, it is illegal to disclose information one knows or should have known was obtained with an eavesdropping device. Violations of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. 720 Ill. Compiled Stat. Ann. 5/14-4. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6. However, not disclosing the contents of the illegally obtained communication is an affirmative defense to the charge.

Standard radio scanners are not eavesdropping devices, according to a 1990 decision from an intermediate appellate court. Illinois v. Wilson, 554 N.E.2d 545 (Ill. App. Ct. 1990). A camera is not an eavesdropping device. Cassidy v. ABC, 377 N.E. 2d 126 (Ill. App. Ct. 1978).

It is also illegal for any person to “videotape, photograph, or film another person without that person’s consent in a restroom, tanning bed or tanning salon, locker room, changing room or hotel bedroom,” or in their residence without their consent. 720 Ill. Compiled Stat. Ann. 5/26-4(a).

The eavesdropping provisions do not prohibit private citizens from electronically recording the proceedings of any meeting subject to the Open Meetings Act.

Under Illinois law, when communications with individuals acting as agents or representatives of a company are taped in violation of the Illinois eavesdropping statute, claims under the eavesdropping statute belong to the company. International Profit Associates, Inc. v. Paisola, 461 F.Supp.2d 672 (N.D. Ill. 2006).
Permalink Reply by Spencer "Thunderball" Thayer! on August 20, 2010 at 5:40am

The police threaten Chicago Copwatch with this all the time. Most of us avoid charges by either denying we are recording audio or by putting a headphone plug with a cut cord into the video camera mic input to cancel audio. I however want to get arrested for this and challenge it so I usually will tell them I am recording audio and that I would like them to arrest me. The cops know this is an issue that isn't constitutional and they use it for a tactic of intimidation and do not want to challenge it so they avoid those of us looking for a fight.

They also selectively choose who to charge with this, if it's a big public scandal like those kids who recorded the cop calling them all sorts of racial expletives then they wouldn't dream of filing a charge but if someone like Chris Drew they'll make an example out of.

And this isn't me just making shit up read it from the mouths of the cops themselves: 1, 2, 3, 4, 5. The "Detectives" editorializing and the reader comments are enlightening on where the police stand with this law. This by the way is the cities number one Cop blog, filled with racist, homophobic right wing lunacy.

My favorite quote:

Anonymous said...

I hope you guys keep up the good work. Just make sure you either remain silent or talk nice and don't dis-em while you strangle these fucking monsters.

May 26, 2010 1:04 PM

Jason W said:

This is good news!
Do we know of Chicago Police doing this (besides Chris Drew), or just in general?

Permalink Reply by Spencer "Thunderball" Thayer! on September 17, 2010 at 7:20pm
The definitive article on this topic as it pertains to Illinois, Overhead? Eavesdropping In Illinois by Celia Gualdo Gamrath.
Permalink Reply by Thunder Snow on February 9, 2012 at 7:54am

Possibly some good news for Chris Drew and the others snagged by this unjust law:  State Rep. Elaine Nekritz, D-Northbrook, has introduced legislation that makes it legal to record audio of on-duty police in public places: http://illinois.statehousenewsonline.com/7618/measure-would-make-it...

 

For anyone here who is not also on the Chicago Critical Mass list, Chris Drew has sent out an appeal for us to attend his court date next week, on February 14th, to support him:

"Hello Chicago Critical Mass riders,

My name is Chris Drew. Many of you know me from my printing of patches and giving them away at Mass events. Many of you know I have been fighting lung cancer which is why I have not been at recent Chicago Critical Mass rides. I am hopeful this will change in the future, that my health will improve and I will be able to return to the CCM.

I am writing about my other fight today. My fight for your right to audio-record police in public. In the past there have been incidents during mass ups when police and riders conflict. At those times participants should be able to record not only the video of the truth but also the audio of what is said. At the moment the State of Illinois is prosecuting me on a class 1 felony for just that - for audio-recording my arrest for selling art for $1 on State Street. For two years I have fought this charge in court. I have worked effectively to publicize the unfairness and unconstitutionality of this law.

Today the State Legislature is considering changing the law because of my efforts. Federal cases on the east and west coasts have shown it unconstitutional to ban our audio recording of police in public. Yet the State of Illinois and the Cook County State's Attorney, Anita Alvarez, continues to prosecute me on this charge. My trial is not yet set but it is coming soon - perhaps this spring or certainly by summer.

February 14th I have a hearing at 26th and California during which my lawyer and the Cook County State's Attorney's Office will have oral arguments over the constitutionality of the Illinois Eavesdropping law as applied to me. This will be a very informative court hearing. I invite and urge you to attend. It will be very helpful to me and perhaps persuade the judge to find this law unconstitutional as well.

Oral arguments will be at 26th and California, room 602. We will meet in front of court room 602 at 10:30 to prepare for 11:00 arguments. Please don't bring a camera or any food or other things not allowed inside for facility. Thanks in advance for any support. We are changing Illinois!

Sincerely,

Chris Drew"

Permalink Reply by dan brown on February 10, 2012 at 4:10am

keep fighting chris. we need more folks like you. good on you for having the courage of your convictions and going out on a limb. good luck and best wishes

 

Dan

Permalink Reply by Tim S on February 10, 2012 at 7:36am

Ben Franklin's Ghost Teaches You Photographer's Rights

http://youtu.be/v2eXtCuVyFM

Along the same lines, Liberty Ninja's

Permalink Reply by John S. on February 10, 2012 at 1:14pm

Good luck Chris.

I hope for your sake, that you win the cancer fight.  My thoughts are with you. 

I hope for our sake, that you win the legal fight.  You are fighting the right fight in the right place at the right time in our history.

"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."  Thomas Jefferson

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