Yet Another Court Says Illinois 'Eavesdropping' Law That Criminalizes Recording Police Is Unconstitutional
from the free-speech dept
We've covered in great detail the ridiculous law in Illinois that makes it a crime to record police, even while they're on duty, without their knowledge. This seems crazy to us, and it appears the courts are agreeing. Last fall, we noted that a state court had ruled the law was unconstitutional, and now (as pointed out by reader John Katos) another local court has done the same.Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes “wholly innocent conduct.”Last we'd heard, Illinois prosecutors were appealing the first ruling, and I imagine they won't be too happy about this ruling either. But, at some point, it seems they have to recognize the ridiculousness of making it a crime to record police on the job.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: constitutionality, free speech, illinois, police, recording
Reader Comments
Subscribe: RSS
View by: Time | Thread
If you record them while they're getting donuts or something, no one cares.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re:
Super Troopers - Altered State Police
[ link to this | view in chronology ]
Re: Illinois Eavsdropping law
He's being charged with Aggravated battery to a government official, meaning hes being accused of spitting on a cop.. Anyways i have it recorded on my cell that he is being accused of it, but it didnt happen, the recording clearly captures two cops speaking and my bf, the first cop says "wheres the spit?" the second cop says to my bf Lenard " You ALMOST hit me with your spit" then you hear my boyfriend say "IM SORRY". And theres nothing i can do.. If i play it for the judge i face up to 15 years in prison myself. Now i cant understand why its ok for an officer to record arrests on a dashboard cam without our concent and its ok, but god for bid we get a cop on tape LIEING! Illinois sucks i agree, if i had the means to get my family out of here i would.. But till then were stuck with my boyfriend going to jail being innocent. and not to mention he faces 6 years in prison for being innocent all thanks to a cop that really loves his job of slamming innocent people.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Overlords Rule
[ link to this | view in chronology ]
Re: Overlords Rule
The Patriot Act?
[ link to this | view in chronology ]
Re: Re: Overlords Rule
[ link to this | view in chronology ]
Re: Re: Re: Overlords Rule
[ link to this | view in chronology ]
Re: Re: Re: Overlords Rule
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Protect and Serve
Privacy Is Not Secrecy; Debunking The 'If You've Got Nothing To Hide...' Argument
http://www.techdirt.com/articles/20110524/00084614407/privacy-is-not-secrecy-debunking-if- youve-got-nothing-to-hide-argument.shtml
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Youtube: Is Your Girlfriend Cheating? Here's one way to find out!
Spend $25 bucks and keep a tab on the cops.
Also I can see some uses that are not privacy related but security related, your security.
If you are walking somewhere that is dangerous, that could be good if anybody gets worried.
If you go to a protest and get arrested others will find you.
If you get arrested and is ok at the time but when you show up at the PD you are all bruised you can show where it happened and for how long it did go on.
If you get murdered people could find out where you were dumped, think of your loved ones.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Believe or not there are areas in the country (most actually) where the cops obey the same laws they enforce- they drive under the speed limit, obey traffic lights, work a full shift under the careful eye of the public or risk losing their jobs. If they do not then the media will expose them on local television and they will be fired. If this is a surprise to you then you do not live there where most of us do and hold our politicians and public servants to a higher standard than you.
Then there is Chicago...a reality unto itself where everyone is on the take and getting a job in the city or government is the same as winning the lottery where you split the pot from the tax paying suckers. Video threatens this arrangement and the system they grew up understanding would be theirs to control someday.
[ link to this | view in chronology ]
Public Service
[ link to this | view in chronology ]
Re: Public Service
[ link to this | view in chronology ]
Ah yes...
[ link to this | view in chronology ]
Re: Ah yes...
maybe...
[ link to this | view in chronology ]
Re: Ah yes...
Also, though I am an honest-to-God NotRepublican, I still feel obliged to point out that our first half-white president comes out of the very same political culture identified here.
Just. Sayin'.
[ link to this | view in chronology ]
Re: Re: Ah yes...
The TSA's "enhanced" pat-down came out under his watch.
An Alwarki was murdered by his orders (and we're still waiting for proof that he was guilty - the word of the President just doesn't do it for me).
[ link to this | view in chronology ]
Re: Re: Ah yes...
[ link to this | view in chronology ]
FIBs
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Illinois is the state that REQUIRES photo ID along with name and address to be taken down in order to buy drain cleaner!
Recognizing the ridiculous is not the Illinois lawmaker's strong suit.
[ link to this | view in chronology ]
Illinois legislators protecting themselves
[ link to this | view in chronology ]
At what point does this become a crime?
It certainly is a waste of taxpayers hard earned dollars.
I suppose they are like any other lawyer when it comes to billable hours, but they should be serving the public, not themselves.
[ link to this | view in chronology ]
Re:
If you want the government to serve the public, you need to elect people who want to serve the public. It would be preferable to stop these laws by repealing them or having them not be passed in the first place. But if the laws are on the books, we might as well have them fight it out so we can say once and for all that the law is unconstitutional, instead of having the law sit there so people think filming the police IS illegal even though the law is unenforceable.
[ link to this | view in chronology ]
Re: Re:
The common rational which makes use of blaming voters for their representative government is a cheap shot. Not all states allow recall of their representatives - most of which lied about their intentions during the campaign and therefore do not represent the will of the people who put them there, much less those who voted for other candidates.
So the question remains, at what point does the continuous appealing of court decisions become egregious abuse of position? In this case the Illinois supreme court said no, think SCOTUS will take up this case? If so, why? They seem to have already ruled in this area.
[ link to this | view in chronology ]
Re: Re: Re:
It is being appealed to the ISC.
[ link to this | view in chronology ]
Cops...
[ link to this | view in chronology ]
The Federal Courts Already Did This.
Informative article regarding the federal rulings on recording police officers. Apparently, federal judges believe it's a first amendment right to be able to record police officers performing their duty.
[ link to this | view in chronology ]
http://www.roanoke.com/news/roanoke/wb/222686
[ link to this | view in chronology ]
http://www.roanoke.com/news/roanoke/wb/222686
[ link to this | view in chronology ]
Taking a dump
In the UK, when someone is 'on the job", they are taking a dump on the crapper, ie, having a shit on the toilet.
[ link to this | view in chronology ]
Re: Taking a dump
I'll get my coat ...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Battle Not Over Yet
Melongo's motion : http://tinyurl.com/6nqv2se
State's response: http://tinyurl.com/73fwecf
[ link to this | view in chronology ]
Not Over Yet
Melongo's motion : http://tinyurl.com/6nqv2se
State's response: http://tinyurl.com/73fwecf
[ link to this | view in chronology ]
It's Not Over
Melongo's motion : http://tinyurl.com/6nqv2se
State's response: http://tinyurl.com/73fwecf
[ link to this | view in chronology ]
People's Republic of Illinois
[ link to this | view in chronology ]