art policy debate Free Speech Artists' Movement(TM)

Discussion from WGN Nick Digilio Show on Facebook
about Audio-recording of Police in Public

Contact: Chris Drew * 773/561-7676 * umcac@art-teez.org

http://wgnradio.com/listen
http://facebook.com/nickdshow
http://www.wgnradio.com/shows/nickd/

Tony Fitzpatrick & Dmitry Samarov is available as a podcast at
http://bit.ly/bcAqOG
link to the podcast of C Drew interview
http://bit.ly/azrGdq

Comments from Facebook/nickdshow

The Nick Digilio
Show up next -- Uptown Multi-Cultural Art Center executive director Chris Drew on challenging Chicago's peddling ordinance and his felony eavesdropping charge. http://wgnradio.com/listen


Tfcreate Tfcreations
It's pretty common for Chicago Police to take cellphones, video cameras, and recording devices at crime scenes and protests. They don't record the siezures, inventory the recording device or even admit that they did it, so there's no record of it happening. And since it's the word of the victim versus the word of the officers, the judges always take the word of the officers. If you feel that you must do this, stream it live to the web. At least they won't be able to deny that there is no evidence.



Chris Drew
Should the public have the right to meet artists in public in Chicago?
14 hours ago

The Nick Digilio Show Chris Drew outlines his felony eavesdropping charge ?


Brady Kuhn
Jeez Nick, are these artists paying you? (Show Me's reference)
14 hours ago

Steven Rohman
Its against the law to audio record anybody in Illinois without permission. Not just police.
14 hours ago


Steven Rohman
Not against the law to video record without audio though.
14 hours ago

Ryan Learned
I think I'll put a sticker on my car that says "By interacting with the occupants of this vehicle you agree to be recorded"
14 hours ago

Tom Shedd Sr.
Well they better get the cams out of the squad cars then....we were not asked if we ca be recorded
13 hours ago

Ryan Learned
http://www.rcfp.org/taping/states/illinois.html
State by state summary: http://www.rcfp.org/taping/quick.html
13 hours ago

Chris Drew
The police are audio recorded by the State itself, but they want to be able to tell you that you can't audio-record the police in public because so many citizens are embarrassing them with cell phones and they are pushing back. This is a tipping point in history and I am your best test case to defend your right to bring the truth about what police say to you in public. If Illinois gets away with convicting me more convictions will follow and more States will consider laws like this one.
13 hours ago

Steven Rohman
?(720 ILCS 5/14 EAVESDROPPING
Originally on the books since 1963.

The real issue about video and audio recording police is that people watch a grainy video and draw conclusions and make assumptions about the officers actions. Some officers are caught actually committing the crime. Other are persecuted using a video that only shows a very small portion of the event. See More
13 hours ago

Chris Drew
Laugh - not a very good cross section of artists' opinions on the issue of selling art in public and your selected artists proved they know very little about the First Amendment. Time will tell. We are in it for the long run and the truth will come out. There were artists calling you that you never gave a chance to speak. This turned out as a very great promo for your friends and little opportunity to explore the real issues. Better luck next time.
13 hours ago

The Nick Digilio Show
?@Chris -- we support your fight, and the calls afterwards were all on your side. many artist supporters called in, but hung up before we got to them. tony & dmitry took a different view, but they ultimately support you too. this isn't a confrontational radio show... we hear and consider all viewpoints, and invite you back after your hearing.

Chris Drew
I can take criticism. I believe you are at least as strong as I. I respect a difference of opinion and thank you for broaching this issue. The beauty of Facebook is it allows us to add more opinions then is possible in your tight format. Thanks again for airing this piece.

Dan Murray
Squad cameras are legal because the supreme court has ruled that there's no expectation of privacy on a traffic stop. However, other contact may not be audio recorded. Video is fine. This is not a new issue. If you're going to take a step like this without educating yourself on the law, then you're rolling the dice. The law has been found constitutional countless (because I'm too lazy to look up the cases and count them) times. If you don't like it then you should contact your representatives and try to get the law changed. That's how things work in this country.See More
12 hours ago


Tom Shedd Sr.
What ever happened to equal protection under the law....under? I guess the cops are above the law

Christopher Pearson
Mr. Shedd, you are absolutely right. We citizens of the United States most likely have no chance at fair and equal protection under the Law of the Land. We try to fight fire with fire and we get burned every time. We should be able to do what Mr. Drew did in order to better defend ourselves in Court in the event that a police officer should cross the line between normal and abnormal...or excessive...actions or procedure. United States citizens have no chance to obtain an advantage over their own government. We are, in every possible aspect, stuck in between a rock and a hard place. We no longer hold the true freedoms that our Founding Fathers bestowed upon us 234 years ago.


Garrett Klunk
The law is very simple and fair. You can freely video record all day and night long. You cannot audio record w/out consent. It's intended for evidence of physical harm. Non-physical, verbal contact (on video) is unharmful. Nick, don't feed into the fantasy lifes of "artists" and Chris, get a real job.
9 hours ago

Patrick Sean Jonasen
Garrett people have the right to make a living as they see fit. Don't be an idiot and think your above somebody because you don't think their job is "real"!!! They could be at home collecting unemployment.
4 hours ago


Chris Drew
As to Garrett Klunk - Mr. Fraternal Order Police - my real job of selling my speech in public has been unconstitutionally infringed upon. The real idiots are those who think the American people will stand to allow police the "right" to lie to the court in front of them and not be allowed themselves to collect in public and enter proof of that lie in court in the form of an audio recording, as is legal in 47 other States in this nation, and soon to be legal again in Illinois because of what I am doing.
2 seconds ago

Chris Drew
As regards the man who says the Illinois eavesdropping law has been found constitutional countless times - he is incorrect. The interesting fact is that there is no Federal case law on our right to audio record police in public and that is the reason three States are able to be bad actors testing our willingness to fight for our right to oversee our public servants by gather the audio information we need to prove the truth in court. My lawyers and I hope to create some case law on this issue and thus make the entire nation more free.
2 seconds ago

Annabelle Echo
Thanks to Nick & Chris for a important Radio interview!
50 minutes ago

Annabelle Echo

"I should like to understand how it happens that so many men, so many villages, so many cities, so many nations, sometimes suffer under a single tyrant who has no other power than the power they give him" Étienne de La Boétie


Dan Murray

Chris, I didn't say anything about your "right" to audio record police in public. I said the Illinois Eavesdropping Law has been found constitutional, along with the ruling that traffic stops are an exception due to the lack of expectation... of privacy. However, if you're walking down the street and an officer stops to talk to you it's a different story, they can't record your audio at that point.

Quit breathing in so much paint fumes and read what you are commenting on thoroughly before you type and you will be more credible. Right now you're clearly an aging hippie who needs to find something productive to do with his life. For instance, instead of whining about the law, you could attempt to change it. And properly, not through case law, which is too easily changed, but through legislative action.

By the way, did it ever occur to any of you that the reason the peddler's license laws are on the books is because THE PEOPLE (who are the ones who are supposed to have the power) don't want you out on the street hassling us? Open up a store like the rest of us. I know I know, then you have to pay taxes and be accountable, but then you wouldn't have these problems.


Chris Drew

Dan, I checked out your facebook page. It is a fake. You live to slander and slide away. We are working on both ways to bring more freedom to Chicago and Illinois, in the courts and through the legislature. Creating case law is just one way. We just want citizens and artists to be able to use our public commons for First Amendment pursuits. You should not have to own a store to gain your speech rights in America. If that offends you maybe freedom is to much for you to bare. Hold your hands over your eyes and ears when in public.


Chris Drew
Illinois is one of only three States, along with Massachusetts and Maryland, that are charging citizens with audio recording police in public. This must be considered a test of whether we, as citizens, will fight for our right to gather audio evidence of what our public servants (police) say to us in public. We need this to bring the truth into court.
13 hours ago · Comment · LikeUnlike · View Feedback (1)Hide Feedback (1)
John Zarem likes this.

The Nick Digilio Show
Dmitry Samarov is on hold ready to chip in...


The Nick Digilio Show
?...as is Tony Fitzpatrick!
Ken Day I agree with Tony 100%. He is a true artist. The other character sounds like a publicity hound after a buck.
13 hours ago

Lee Klawans
I have met Chris Drew on the street selling his art. He is not in this for the money and certainly not for the publicity. He is very unassuming. The whole point of his protest is that it is legal to beg for money downtown and other 'designated special areas', but it illegal to sell your art on the streets in these same areas. It is permitted elsewhere.
13 hours ago

Chris Drew
From Kami Cheatem,
I just finished listening to that guy's show after your segment was done and
I'm really frustrated by the way he handled the rest of the topic
after you hung up. Why couldn't they have kept you there so you and
...Fitzpatrick and Dmitri could discuss the issue like a panel of
artistic minds?? It was good to hear the feedback from facebook and
the caller who said he supported you and talked about police issues.
I really hoped he would take more calls during their segment. I tried
getting through so I could correct Tony Fitzpatrick on his "mook"
reference and the other negative, condescending remarks he made but I
never made it on air. So much hubris. I remember the days
when he was struggling to find his place as an artist in the 80s. It
just shows how high up his ivory tower goes now.
I find it very ironic that he later
made a comment that most people might think elevates him to being
such a glowing, concerned supporter of "community art" and
..."art for the people" --- and yet he's blind to what you and
your team were trying to do by testing the peddler's law.
Challenging the damn peddler's law AND this eavesdropping insanity is
all about community art and the ability of regular artists like us to
make art and sell them in public -- without having to pay a yearly
fee or getting stuck in gallery politics and pettiness.


I was furious to hear Fitzpatrick
and Dmitiri sort of snort about it from their well-off
"oh-I'm-so-successful-and-I've-never-had-a-problem-selling-my-art-so-what's-the-big-deal"
...gallery perspectives -- like that kind of fee is easy for all artists
to shell-out at the drop of a hat every single year...and like it's
easy as pie for all of us to get high-priced gallery shows and fancy
buyers. I don't have facebook anymore -- maybe my comments
would've made it through with him reading them on air. I don't
know. I'm really pissed. I'll stay tuned though to see if
he keeps his word on reporting about the issue. I'm going to keep
that phone number handy. It was so good to hear your voice, Chris.
You did a phenomenal job explaining the problems with the laws and
the details of your arrest and the jail and your case. The
whole world was listening.
See More
12 hours ago



Dee Drew

I want to clarify aspects of Chris Drew's case that weren't mentioned on tonight’s
show. Charges against Chris for violating the peddler's license ordinance were
dropped. Likely the Chicago Police Dept. doesn’t want to face scrutiny in
federal court for violating the 1st Amendment. Chris' 2 attorneys are
...representing him pro bono as they see this case as a slam dunk. The ACLU
has filed a federal lawsuit against Anita Alvarez for charging Chris and
others with felonies for recording police on duty in public. IL is 1 of 3
states in the U.S. that enforces the eavesdropping law. Recording public
servants on duty in public is the status quo in 47 other states and is a 1st
Amendment right . Chris has run the Uptown Multi-Cultural Art Center for
22 years offering free services to struggling artists and hosts a cable tv show
6 months a year to showcase artists who need & deserve exposure. Thanks
for giving Chris an opportunity to inform the public about their 1st Amendment
rights.