Thursday, September 29, 2011

Circuit Court Judge David Frankland - Privacy Hero

2009 - Michael Allison brought a digital recorder to the Crawford County Courthouse in Downstate Robinson (Illinois), where he was contesting a citation, because he had been told there would be no official transcript of the proceedings. He was immediately confronted by Circuit Judge Kimbara Harrell, who accused him of violating her privacy and charged him with eavesdropping, a felony punishable by up to 15 years in prison.

Because Allison had recorded conversations about his legal situation with police and other local officials, he soon faced four more eavesdropping charges, raising his possible sentence to 75 years. The case against Allison vividly shows how the Illinois Eavesdropping Act, the target of a constitutional challenge that was recently heard by a federal appeals court, undermines transparency, civil liberties and legal equality. (more)


2011 - Michael Allison, an Illinois man who faced a potential sentence of 75 years in prison for recording police officers and attempting to tape his own trial, caught a break last week when a state judge declared the charges unconstitutional. "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," wrote Circuit Court Judge David Frankland. "Such action impedes the free flow of information concerning public officials and violates the First Amendment right to gather such information." (more)