Illinois Judge Tosses Out Wiretapping Case, Declaring It Unconstitutional

Thank you, Judge David Frankland.

Thank you for having the common sense to see that the Illinois wiretapping law is unconstitutional when abused.

Thank you for throwing out the case of Michael Allison, who was facing 75 years in prison for recording public officials - including a judge - without their consent.

That just leaves Christopher Drew, another Illinois man facing 15 years in prison for audio recording cops who were harassing him on a public street for selling art without a license.

His case was suspended after he was diagnosed with lung cancer earlier this year, according to Radley Balko.

But the charges still hang over him because the law is still intact.

Circuit Court Judge David Frankland stated the following Thursday, according to the Reporters Committee for Freedom of the Press.

“A statute intended to prevent unwarranted intrusions into a citizen’s privacy cannot be used as a shield for public officials who cannot assert a comparable right of privacy in their public duties,” the judge wrote in his decision dismissing the five counts of eavesdropping charges against defendant Michael Allison.

“Such action impedes the free flow of information concerning public officials and violates the First Amendment right to gather such information,” he wrote.

“The statute [as it is currently written] includes conduct that is unrelated to the statute’s purpose and is not rationally related to the evil the legislation sought to prohibit,” the judge wrote in his opinion. “For example, a defendant recording his case in a courtroom has nothing to do with an intrusion into a citizen’s privacy but with distraction.”

This decision should be taken into consideration when federal judges rule on Alvarez vs ACLU this year, which is trying to change Illinois’ wiretapping law by pointing out it is unconstitutional.

Comments

Carlos, in the title, Unconstiutional = Unconstitutional.

As for Michael Allison's case, that's fucking excellent! Fuck Judge Kimbara Harrell for charging him, and fuck Illinois Attorney General Lisa Madigan for even thinking of prosecuting Allison. Judges and Attorneys General should know better.

Michael Allison has one helluva case against the state now.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

Thanks. I'm blaming it on the beer buzz.

Maybe someone else has already suggested this and I just have not heard about it but in case they haven't....

Has anyone every given thought to the idea of a national Tape Back Government day in which many, as many as possible (ideally thousands if not more) would agree upon a single day in which they would go out onto the streets and tape (video-record) as much public government activity as possible so as to show those in government who would try to intimidate/bully the individual that they work for us and are not ruling over us?

It would seem to me that a large scale Tape Back Government event with a large number of persons would send a very strong message to those in government who would use intimidation and bullying techniques that we are not going to be bullied even if its law enforcement.

For the past decade or 2 the police have been slowly transformed from serving in a "protect and serve" role towards the public to more of a militarized force that that is at war with the public they are supposed to serve and protect.

If this transformation doesn't stop and start moving back towards its prior serve and protect type of role, and soon we may move past the turn back point. A show of solidarity in the issue of taping government officials in public would be a step in the right direction.

Just a thought.

hal

i think some one fixed it...lol yes this is great and for the future could i think be only a good thing. I do not believe anyone can now be tried, this puts an end to it well until they rewrite the law. which we all know does not happen over night. those jackasses that cant think when sitting down, need to either get another job, or create laws standing up, and i am not kidding. i will be sharing this.

The ACLU arguing the case with a judge.

http://www.ca7.uscourts.gov/tmp/BC0ZBXH0.mp3

Judge Posner sounds like Emo Phillips and seems equally laughable in his application of logic.

Isn't it ironic that Judge Posner's Wikipedia page says, "He famously opposed the right of privacy in 1981, arguing that the kinds of interests protected under privacy are not distinctive."

I really liked his argument that the gangs would be happy they wouldn't have to break a law to record other gang members. Gangs as a rule are so very concerned about breaking laws after all.

Wow. I guess any idiot can be a judge in Illinois.

This is an encouraging milestone from the courts.What we need to do now is organize and push for legislation that liberates the citizens right to photograph,audio and video record government officials in the discharge of their duties while severely restricting the governments ability to spy on us.

Thank you judge, you are the best judge ever.

Post new comment

Pixiq on Facebook

Join the 8425 Pixiq fans on Facebook

Share

  • Share

Subscribe

Get weekly updates from Pixiq. Short, sweet, and always interesting.