Over the past few years, there have been several cases of people being arrested for recording police. The issue is the audio part of the recording. In some states, the law requires the consent of all parties to the conversation. The ACLU has taken notice... and exception to what they see as a double standard and a violation of the First Amendment to the Constitution.
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.
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.
On Wednesday, the 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. (more)
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.
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.
On Wednesday, the 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. (more)
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That Anthony Graber broke the law in early March is indisputable. He raced his Honda motorcycle down Interstate 95 in Maryland at 80 mph, popping a wheelie, roaring past cars and swerving across traffic lanes... Anthony Graber was arrested for posting a video of his traffic stop on YouTube. (video and report)
YouTube still features Graber’s encounter along with numerous other witness videos. "The message is clearly, ‘Don’t criticize the police,’" said David Rocah, an attorney for the American Civil Liberties Union of Maryland who is part of Graber’s defense team. "With these charges, anyone who would even think to record the police is now justifiably in fear that they will also be criminally charged." Carlos Miller, a Miami journalist who runs the blog "Photography Is Not a Crime," said he has documented about 10 arrests since he started keeping track in 2007. (more)
