42-year-old Michael Allison of Illinois could spend the rest of his life in prison for recording police in public. He faces five counts of eavesdropping, a class one felony. Of course, the police are allowed to video people in public with impunity.
The Illinois Assistant Attorney General has joined the case and told the judge that citizens do not have the constitutional right to record police.
While this doesn't have anything to do with OC or guns, many of us DO carry around tape recorders and video recorders in case of issues with police treatment. And though the recent decision that states recording cops is an unambiguous first amendment right, it was issued by the federal Court of Appeals for the First Circuit (Maine, Mass., Rhode Island, and New Hampshire). It is a major victory on this issue. But it does not control in Illinois (which is part of the Seventh Circuit federal circuit). No doubt the First Circuit opinion will be cited by the Illinois citizen's attorneys as strongly persuasive authority; but, again, it does not invalidate all such state laws.
That video was sickening. Apparently you have NO rights in Illinois, which is why I won't ever step foot in that awful state. In my opinion that eavesdropping statute is illegal.
I am still trying to figure out what the words "land of the free" mean... they are in our national anthem after all and this clearly is not the land of the free with stuff like this going on.
“The claim and exercise of a constitutional right cannot be converted into a crime.”
[Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
[Sherar vs. Cullen, 481 F2d. 946 (1973)]