August 9, 2010
For Immediate Release
Contact: C. Drew (day) 773/561-7676
(Evening) 773/973-1863
e-mail: umcac@art-teez.org
ACLU Suit Supports Artist with Felony for
Eavesdropping on His Own Arrest
The ACLU of Illinois Thursday, 8/19/2010, filed suit against Cook County State's Attorney Anita Alvarez in Federal Court to challenge the constitutionality of the Illinois Eavesdropping Act, 720 ILCS 5/14 and its prohibition on audio-recording police in public while they are on duty.
Artist C Drew is being prosecuted for a 1st class felony (4-15 years in State prison) by the Cook County State's Attorney for audio-recording his arrest December 2nd for selling art for $1 on State Street in Chicago. The eavesdropping law in Illinois makes it a 4th class felony to audio-record a citizen's phone calls where there are real concerns for privacy at stake but multiplies the sentence four times to a 1st class felony for audio-recording in public the interactions of a citizen with police while the police are on duty and they have no expectation of privacy. In other words, where there is real harm done to a citizen the penalty is a 4th class felony and where there is no harm done to a policeman the charge is a 1st class felony, one step below murder! In thirty-eight states it is legal to audio-record police officers in public but only three or four States in our Nation are experimenting with charging citizens for audio-recording police in public. This is because, unlike with video which is legal, there is, as yet, no Federal First Amendment case law regarding the audio-recording of on-duty police officers in public. This ACLU lawsuit is likely to change this.
This is a turning point in the history of eavesdropping statues in the United States. Over the last decade cell phones have gone from a novelty to being used by 91% of people nationwide. As cell phones spread like wildfire their abilities have multiplied as well. They are now able to shoot photos and video/audio record. Cell phones are even able to stream video and audio directly to the Internet.
This is a threat to some States where sunshine is not appreciated by those in power. Corrupt public officials tend to prefer strong privacy laws and a population that is fearful of recording their public actions and statements. Police forces which violate their own rules are not excited about the public recording them. These and other groups afraid of being caught in public lies are pushing back against the cell phone revolution.
Our Nation must now decide if its citizens have the right to function in a democratic manner and act as caretakers of their public servants actions in public, or not. Will we be allowed to gather information in public about how our public servants treat us and others or will only the state be able to gather that evidence for court proceedings? Will we be a democracy or a police state? This ACLU case and that of Mr. Drew are worth following.
What will Anita Alvarez do with Mr. Drew's case now that the ACLU is suing her? Will her office drop the felony charges or attack like a wounded lion? Will the ACLU case establish case law that supports the freedom of citizens to protect themselves with audio-recording of what police say to them in public or will Federal law take a turn toward eliminating our First Amendment right to oversee our public servants in public? Will these cases weaken our democracy or strengthen it? We don't know yet. We do know we live in interesting times.
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