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How much should you charge for a photograph?Illinois Man Files Suit Against "Abnormal" State Wiretapping Law
Man was arrested for videotaping police last year
An Illinois man who was arrested last year on felony wiretapping charges after he videotaped a traffic stop has filed a lawsuit, questioning the Constitutionality of the state's law.
As many of us know, Illinois has the most absurd wiretapping law in the nation, making it illegal to audio record police in public, but giving them the right to record citizens.
The lawsuit, filed by Louis Frobe last Friday, calls the law "abnormal."
According to the lawsuit, Frobe is a disabled 47-year-old man who takes a multitude of medications.
He was pulled over one night for allegedly speeding. He started recording the interaction because he had prior negative experience with the police in the village of Lindenhurst.
He was then arrested on wiretapping charges as well as possession of controlled substances, even though he had copies of his prescriptions on the front seat of his car.
Both charges were eventually dropped.
The lawsuit seeks to change the Illinois law because it puts a chill on our Constitutional right to record police in public.
Comments
"Both charges were eventually dropped."
I hope he takes them for at least $500K. It would serve them right!
I wonder how "Johnny Law" is going to spin this one? Of course.. and as we know, in his mind "Cops Can Do NO Wrong!!"
Rail Car Fan
He'd give the Eliot Ness reply, "because it's THE LAW!!!"
It was also law to mass kill millions of Jewish people.
Does that make it right or ok?
Something on paper with the appearance of a law and being called a law is in fact not a law when it violates the constitution which is the law the government must follow and abide by its limitations. In such case the law is void and of no effect.
Is it legal to spy on other? I think yes because we do have CIA.
Is it legal to spy on other? It is definitely yes because the SSecretary Hillary Clinton did so on the UN Secretary General.
The US Supreme Court has ruled in the past that an unconstitutional law is unconstitutional from the moment of inception, not from the moment of successful challenge.
This is more of a legal fiction than a protection from corrupt government, since you'll need all the luck in the world (and then some) to argue a cop out of arresting you for breaking an unconstitutional law. But if the law is ever successfully challenged in a court, the successful challenge would undo any prior convictions, since the law was always void and invalid. Or so the theory goes anyway...
A _real_ patriot!
This is one of those stories to which it is very interesting to see peoples' reactions, because it tends to clearly distinguish those who are mainly on the side of the people and freedom, from those who are mainly on the side of government and control (regardless of whether they identify as liberal, conservative, or whatever).
No matter how brilliantly an idea is stated, we will not really be moved unless we have already half-thought of it ourselves.What do you think?
curt
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I prefer to be true to myself, even at the hazard of incurring the ridicule of others, rather than to be false, and to incur my own abhorrence well said by Frederick.
curt
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