We Have The Right To Film The
Police in Illinois
The state of Illinois has some of the harshest “eavesdropping” laws on the books, and those statutes have been frequently abused to prosecute individuals for filming police actions in public in numerous cases.
Now, a fresh Supreme Court decision has declared this to be a violation of the First Amendment, refusing to hear an appeal from Cook County officials to allow prosecution of those recording cops, and instead upholding a lower court decision that resulted from an ACLU lawsuit.
Violations of the eavesdropping statute, designed to prevent covert recordings without consent, but which have been applied to public photography, carry a harsh maximum sentence of 15 years in Illinois, while most states recognize the lack of a perception of privacy in public places.
A federal appeals court in Chicago concurred with the ACLU’s argument that, “Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests.” That decision came last May ahead of the NATO summit in Chicago, and prompted a policy not to target protesters and citizens in the streets with iPhones and digital cameras during the events. The Supreme Court thus refused to review that decision, despite an appeal by the Cook County attorney general to do so, upholding the principle in alignment with rather clear cut freedom of speech issues.
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Filed under: news Tagged: | ACLU, American Civil Liberties Union, Anita Alvarez, First Amendment to the United States Constitution, Illinois, iPhone, Joel Skousen, Law, Police, Supreme Court, Supreme Court of the United States, united states, United States Supreme Court, We Have The Right To Film The Police in Illinois
