ACLU Sues Illinois On Behalf Of People Who Record Police Stops

Our Chicago Defense Lawyers recently posted about the arrest and subsequent prosecution of 25 year old Anthony Graber who was charged with a felony for recording his arrest. Not only is the ACLU defending Graber against these ridiculous charges but has also taken up this cause of behalf of an Illinois man charged with felony eavesdropping for recording his arrest.

ACLU challenges Illinois eavesdropping act Lawsuit cites cases of people charged with breaking the law for making audio recordings of police in action

-Chicago Tribune

It’s not unusual or illegal for police officers to flip on a camera as they get out of their squad car to talk to a driver they’ve pulled over.

But in Illinois, a civilian trying to make an audio recording of police in action is breaking the law.

“It’s an unfair and destructive double standard,” said Adam Schwartz, a lawyer with the “American Civil Liberties Union of Illinois” American Civil Liberties Union of Illinois ACLU filed a federal lawsuit in Chicago challenging the Illinois Eavesdropping Act, which makes it criminal to record not only private but also public conversations made without consent of all parties.

With cell phones that record audio and video in almost every pocket, the ability to capture public conversations, including those involving the police, is only a click away. That raises the odds any police action could wind up being recorded for posterity.

Opponents of the act say that could be a good thing and certainly shouldn’t lead to criminal charges.

The ACLU argues that the act violates the First Amendment and has been used to thwart people who simply want to monitor police activity. The head of the Chicago police union counters that such recordings could inhibit officers from doing their jobs.

What? “Inhibit officers from doing their jobs?” How? Do the police cameras in the squad cars inhibit officers from doing their jobs?

In its lawsuit, the ACLU pointed to six Illinois residents who have faced felony charges after being accused of violating the state’s eavesdropping law for recording police making arrests in public venues.

Experts said that although statutes like Illinois’ have been on the books for years, more arrests have occurred in recent years because of the prevalence of cell phone cameras that also record audio.

The defendant in the ACLU lawsuit is Cook County State’s Attorney Anita Alvarez, whose office is pursuing an eavesdropping case against Chicago artist Chris Drew.

In December 2009, Drew intentionally set out to break the city’s anti-peddling law by offering handmade, screen-printed patches for $1 on State Street.

The Rogers Park artist wanted to challenge the law that requires people selling their wares on the street to carry permits. Drew had a digital voice recorder tucked inside the red poncho he was wearing, and when police moved in, he made an audio recording of the arrest.

Now, in addition to charges for peddling illegally, Drew faces a felony eavesdropping charge. He is fighting the charges.

Alvarez’s office said it received a copy of the ACLU suit Thursday afternoon, had not had a chance to review it and could not comment.

Probably too busy trumping up felony charges against Drew to be bothered reading pesky lawsuits. The double standard continues.