‘NEW’ Illinois Eavesdropping Law -Why is it back? who/what is protected?

Illinois Eavesdropping Law -Why is it back? who/what is protected?

Remember the Old Illinois Eavesdropping Law? It was hotly contested by many in Illinois, major public interest, local and international media and social media all were astounded by the arrests and prosecutions under this law. including the case of Chris Drew, Street Artist’s battle against unexpected charges–Prior to this, hardly anyone even heard of this law, This STILL is a hot topic, since rearing its ugly head to major notice in 2009. .

reference: early posting on APA site, for background on first showing of film:

http://www.americanpressassociation.com/a_columbia_college.php

I saw this first hand. I documented Chris Drew (1949-2012) and his journey stating “Art IS SpeechHe was selling Art for a $1 to protest the Peddler’s Ordinance but was charged with a Class 1 felony faced 4-15 years in prison , for audio recording his own arrest! he Spent 2.5 years in the court system – defended by Mark Weinberg, on Civil Rights, and then Joshua Kutnick, for the Criminal Defense–and he won! vs State’s Attorney Anita Alvarez (“Free Speech & the Transcendent Journey of Chris Drew, Street Artist” documentary film, 2014)

https://www.youtube.com/user/madpalX

and many others in Illinois, including Tiawanda Moore and Michael Allison were brought in on charges and had to challenge their arrests in courtThe media buzzed locally, social, national and international on his case and many others.

The law that was declared unconstitutional by the Illinois Supreme Court in March 2014. Now fast forward, New Illinois Eavesdropping Law approved by majority in the House and Senate and signed into Law by outgoing Gov. Quinn Dec. 2014.

The ACLU of Illinois opposed the new statute

Unfortunately, compared to the last version of the Illinois eavesdropping statute, the new statute significantly expands the circumstances when police and informants may record and intercept private conversations and phone calls without all-party consent or a warrant. We know of no evidence that the prior version of the statute, which required police to seek judicial approval, was any impediment to law enforcement in these instances. We are concerned about the expanded number of cases where no judicial officer will provide a check on police. On this basis, the ACLU of Illinois opposed the new statute.

http://www.aclu-il.org/eavesdropping-bill-passes-in-illinois/

So in 2015 and we have the New Illinois Eavesdropping Law leaves many in the land of freedom..now in the land of uncertainty-especially in Chicago and Illinois.

Why is this law back? I have been trying to grasp this issue, and reading many articles, including the Law itself. I write this to bring awareness, and may you come to your own conclusions, So, how can the Original Illinois Eavesdropping Law, in March 2014, be thrown out as unconstitutional by the Illinois Supreme Court and now be back ?

http://jurist.org/paperchase/2014/12/illinois-governor-signs-new-law-for-recording-private-conversations.php

My overall perspective is that the new law has ambiguous language, making it easier to have options for confusion, leaning strongly on the side of police and courts for interpretation. You will need a good lawyer, for sure.

When you read this, it may just start you thinking too..Who is being protected? Why is Illinois only one of a few states that keeps a law like this?.

As always, more questions than answers.

YES you still can photograph/videotape/audiotape police in public…but there is text in the new law which makes you wonder– about the definitions of Public VS Private.

a few references- the interpretations vary:

http://reason.com/blog/2014/12/08/new-illinois-eavesdropping-act-still-see?n_play=54860340e4b0d638699edce4

http://jurist.org/paperchase/2014/12/illinois-governor-signs-new-law-for-recording-private-conversations.php

http://www.huffingtonpost.com/dan-johnson/the-illinois-eavesdropping-law_b_6336984.html

http://benswann.com/new-illinois-eavesdropping-law-distorts-ability-to-record-law-enforcement/

Free Speech it is our constitutional right!

Bring on the bodycams for police? Evidence on both sides is important. Keep videotaping! evidence is important. as you know..

“It is never over when it comes to fighting for your rights” – Chris Drew, Street Artist

Pursue peace through justice.ChrisDrewMayDay_PatchesSDNChris Drew UMCACreads tribune news Ill Law decared unconstitutio

©2012  NATO. first time legal to audio record police in public in Illinois

©2012 NATO. first time legal to audio record police in public in Illinois

cropped-actfreechris_occupy-chicagonotxt_aic.jpg

“NEW” Law pending: Citizens Recording Police -Once again a Felony?

Citizens Recording Police – Once Again a Felony?

Current news on the “NEW” version of the Illinois Eavesdropping Law now sits at Gov. Quinn desk for either Veto or Signature. Just when we thought it was over..

Recall that Chris Drew, Street Artist, activist and community leader, was charged with the Class 1 Felony for Audio-recording his Own arrest in public, in front of Macy’s while selling art for a Dollar, in a challenge to the Peddler’s Ordinance, expectantly turned into a Challenge to the Ill. Eavesdropping Law, and he won! backed by pro bono attorneys, Weinberg and Kutnick, in the court of Judge Sacks in 2012. and in 2014 the Illinois Supreme Court overturned this law which restricts rights, ultimately to bring evidence in court of any police misconduct. Even Supt. McCarthy, Chicago, was in favor of this saying it protected police and citizens…for more of the background story on this:

https://nancybechtol.wordpress.com/2014/11/01/logan-tv-dan-odonnell-posts-exclusive-art-is-speech-on-11-14-14-see-the-film-on-drew/

https://www.linkedin.com/pulse/article/20141113135301-319336280-patron-saint-of-street-artists-free-speech-chicago-s-own/edit

New Illinois Eavesdropping Act Still Seems Designed to Protect Cops From Scrutiny New Illinois Eavesdropping Act Still Seems Designed to Protect Cops From Scrutiny

Chicago’ “Free Speech..”Film Thanks:..a painfully gritty true story

Chicago ‘Free Speech’ Film thanks: a painfully gritty true story

FILM-_Bechtol_Logan-BIGPOSTER-WEBxAll_Posters_Lobby_-Logan-Theatre-Bechtol_Post-Image11.14.14 Marked Chicago and World Premiere of “Free Speech & the Transcendent Journey of Chris Drew, Street Artist” screened at the Logan Theatre. Local is best. Special thanks To the media the Reader, Sun-Times, Logan TV and DNAinfo, Chicago Talks, Mark Thomas of the Alley Stores for the great collector buttons given at the premiere, and all those who blogged and grassroots rallied to support this journey and NOW indie feature film. You are the best! The thank you list is a good 3 pages long on the film credits, several of Chris Drew’s former students were there, Lew & Diana – with beautiful flyers and ongoing People’s Tribune tributes to Chris, as well as his widow Deborah, attorney Mark Weinberg, and (includes spiritual advisors and inspirations) John Lennon, Martin Luther King and Gandhi, his probono attorneys Weinberg and Kutnick, Music courtesy of Hey Now Records/’Paper Airplane’, by Behind the Sun-Alton & Mansfield, ( along with the ACLU, APA, CANTV, Occupy Critical Mass and our Public Servants(who legally can and will be recorded in public), and more. so many more…all listed in the film ) Special thanks to the crew who supported the film Ron Grenko and Hermann Wieland, and David Bechtol, Technical Supervisor and fixer of all things, without him this film would not have been made. Thanks for all who were there in person and in spirit! an excellent audience, we nearly filled the 102 seat theatre. very well attended! What an experience to see so many people and, most I did not know… that was amazing. The film is now for history, forever.

above, is the Poster in lobby next to all the REAL movies! 27×39″ mine is 2nd from the left….”into the woods” ah yes, the journey was long to make this DIY indie, but worth every joy and sorrow, those who make films, know deeply what I mean. Peace through Justice. May the Chris Drew story of social justice radiate. The truth IS out there. Art IS Speech! In any way you can, tell the stories of our lives. ~Nancy Bechtol

Chris Drew: TRUTH on the “?” of Switch from Pedding Charges to Felony Eavesdropping

Chris Drew speaks on “?” of Peddling to Felony

I need to share with you this clip, it is very raw and intense. Deep. Chris Drew speaks on “? “of Peddling to Felony This video clip marks/reveals the beginning of the legal journey, shot shortly after he was released on bond and started to redirect his energies on the challenges ahead. date: Dec.29, 2009. He is carrying on the workshops and getting the word/truth out by blogging, going to events, and meeting with counsel, bracing for the court proceedings. Backed by first his probono Attorney Mark Weinberg, for the Constitutional Challenge/Peddling-Civil Rights, then for the Challenge of Felony Eavesdropping (4-15 yrs if convicted), criminal defense, probono Attorney Joshua Kutnick. This court proceeding went on for 2.5 years. He gave his life to the cause. He won. we all won. But Chris would say “the fight is never over when it comes to your rights.”

Nancy Bechtol

See/Hear the raw interview with Chris:

http://youtu.be/G-K_dTlzs5M

Chris would call me and ask that I record him throughout the journey. I told him I would so here it is. He wanted a record of it all, and towards the end, asked me to “tell the story” I agreed. I accumulated countless hours in 5 different formats, from cell phone to DSLR (in the latter part for a few interviews) now the 99 min film you now will see– It is his story, it is the story of Free Speech. this clip is when I talked with Chris at the beginning of the ordeal, as he was out on a $20,000 bail and facing the 1st Class Felony Eavesdropping Charges. He speaks on the reasons he believes his challenge to the City’s Peddling Ordinance were dropped, and the Felony was imposed. his charges were deeply involved with others faced for years under this same law. Filmed on location The American Indian Center, Chicago location of the nonprofit he founded, the Uptown Multi-Cultural Arts Center, where he helped bridge the digital divide and inspire and teach for 25 years.Chicago Premiere at the Logan Theatre ,” Free Speech and the Transcendent Journey of Chris Drew, Street Artist” by Nancy Bechtol. Featuring indie Music by Behind the Sun-Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records – one night only – 11.14.14 Friday 7:30 PM

See/Hear the Nancy Bechtol interview by Dan O’Donnell – Logan Square TV

http://logansquare.tv/?p=903

An important documentary about street artist Chris Drew, and his challenges and victory defending First Amendment rights for all citizens, especially Artists. Chicago premiere at The Logan Theatre on Friday, 7:30pm November 14. The film, Free Speech and the Transcendent Journey of Chris Drew, Street Artist is a film by Nancy Bechtol. Literally thousands of people across Chicago know Chris Drew, because of his vibrant presence in Chicago’s art community.

Original Music featured in the film is courtesy of Hey Now Records. http://www.heynowrecords.com “Paper Airplane” by Behind the Sun` Andy Alton & David Mansfield.

Trailer for the film:

http://youtu.be/2ncu2AjO5ok

No Justice No Peace: Diana Berek Speaks

DianaBerek_webpostNo Justice No Peace : Berek Speaks

He (Chris Drew) wanted the City to re-examine the Harold Washington (Cultural) Plan. To de-centralize culture and bring it back into the neighborhoods. To de-centralize not only the initiatives, but the budgeting.

SEE/Hear Diana Berek

http://youtu.be/NPG7w0H0OjI

© 2012 video – Diana Berek: Chris Drew Legacy Interview #11. by Nancy Bechtol, APA Photojournalist. From the series of people sharing insights to the artist/activist and his life work. © 2012 video/Chris Drew Legacy Interview #12. by Nancy Bechtol, APA Photojournalist. talks with Diana Berek, speaks about her connection with Chris and a larger circle of concerns including grassroots connections, the early stages/feedback sessions on the Cultural Plan, advocacy for your own interests, Free Speech. Shot on location street side, B1E Gallery-Rogers Park. includes Lew Rosenbaum . Original Patches, designs by Diana Berek. This video is in a series (16) of people sharing insights to the artist/activist and his life.——————————————————————

Chicago Premiere at the Logan Theatre ,” Free Speech and the Transcendent Journey of Chris Drew, Street Artist” by Nancy Bechtol. Featuring indie Music by Behind the Sun-Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records one night only – 11.14.14 Friday 7:30 PM

See/Hear the Nancy Bechtol interview by Dan O’Donnell – Logan Square TV

http://logansquare.tv/?p=903

An important documentary about street artist Chris Drew, and his challenges and victory defending First Amendment rights for all citizens, especially Artists. Chicago premiere at The Logan Theatre on Friday, 7:30pm November 14. The film, Free Speech and the Transcendent Journey of Chris Drew, Street Artist is a film by Nancy Bechtol. Literally thousands of people across Chicago know Chris Drew, because of his vibrant presence in Chicago’s art community.

Original Music featured in the film is courtesy of Hey Now Records. http://www.heynowrecords.com “Paper Airplane” by Behind the Sun` Andy Alton & David Mansfield.

Trailer for the film:

http://youtu.be/2ncu2AjO5ok

“Chris Drew Way” & the 99% | Lew Rosenbaum Speaks

“Chris Drew Way”: & the 99%| Rosenbaum speaks

“The most important thing to say is that Chris Drew died as he lived, fighting all the way for the dispossessed and marginalized among us, for the right of artists to speak their mind and to survive; Chris devoted his life to providing the artistic means for people to discover their creativity and to participate in the transformation of society.” ~ Lew Rosenbaum, Chicago Labor and Arts Festival

SEE/Hear Lew Rosenbaum

http://youtu.be/e88qHG8E4qU

© 2012 video/Chris Drew Legacy Interview #12. by Nancy Bechtol, APA Photojournalist. talks with Lew Rosenbaum, speaks about his connection with Chris and a larger circle of concerns including public rights, grassroots connections, the “art patches” Free Speech. Shot on location street side, Rogers Park. includes Diana Berek. Patches, designs and Carlos Cortez connection. This video is in a series of people sharing insights to the artist/activist and his life.

Chicago Premiere at the Logan Theatre ,” Free Speech and the Transcendent Journey of Chris Drew, Street Artist” by Nancy Bechtol. Featuring indie Music by Behind the Sun-Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records one night only – 11.14.14 Friday 7:30 PM

See/Hear the Nancy Bechtol interview by Dan O’Donnell – Logan Square TV

http://logansquare.tv/?p=903

An important documentary about street artist Chris Drew, and his challenges and victory defending First Amendment rights for all citizens, especially Artists. Chicago premiere at The Logan Theatre on Friday, 7:30pm November 14. The film, Free Speech and the Transcendent Journey of Chris Drew, Street Artist is a film by Nancy Bechtol. Literally thousands of people across Chicago know Chris Drew, because of his vibrant presence in Chicago’s art community.

Original Music featured in the film is courtesy of Hey Now Records. http://www.heynowrecords.com “Paper Airplane” by Behind the Sun` Andy Alton & David Mansfield.

Trailer for the film:

http://youtu.be/2ncu2AjO5ok

“First Amendment 2-Fer” : Curtis Black speaks

CurtisBlackGrab.jpgWB“First Amendment 2-Fer”:Curtis Black speaks

Is a new generation of Artists and Activists going to step up and push this? Is the City Council going to take another look at this Street Peddler Ordinance and make it a little less onerous for artists ( abolish/change the Street Peddler Ordinance)

See hear/ Curtis Black

http://youtu.be/Av9D2AE7utADemo

..(Chris Drew) He had this wise-ness, and sort of wild-ness to him, which made a big impression on me. He had this cause, which was revising, reforming this very draconian was the Street Peddler’s Ordinance, which has a lot of intricacies which don’t foster free expression..

First time I wrote about him was in Dec. ’09 when he was arrested. He was held for 2 days in Cook County jail, and he finds out they are dropping the charges on the ordinance he wanted to challenge-and they were charging him with this Felony for Eavesdropping, which was an amazing thing to find out that that law existed. So the piece I did was the “First Amendment 2-Fer” He wanted to make one First Amendment challenge, and he’s ending up making a very serious second First Amendment challenge at the same time.

So one of his legacies is that Anita Alvarez (Ill. State’s Attorney) is kinda on the spot on this and a number of other areas where she’s not pursuing police misconduct, in fact, she seems to be protecting-covering up police misconduct..

another (legacy of Chris) is that he was part of questioning this Eavesdropping Law, and that has gained so much momentum..

in a large part, due to his efforts.

Update: March 2014. The Illinois Eavesdropping Law was abolished by the Illinois Supreme Court.

Curtis Black speaks© 2012 video/Chris Drew Legacy Interview . by Nancy Bechtol, APA Photojournalist. This video is in a series of people sharing insights to the artist/activist and his life. Chris Drew Legacy Interviews (16) Curtis Black, at the time of this interview, was Editor of Newstips and with the Community Media Workshop. shot on location at CAN TV..—————————————————————————-

Chris Drew, Exec. Director (volunteer) for the nonprofit organization he founded, UM-CAC, Uptown Multicultural Arts Center, his dedication to community helped bridge the digital divide for those who did not have access to computers. He ran workshops on computer use/internet at the American Indian Center, Uptown, Chicago started in the 90s aimed at people who did not have access to the technology. He taught hundreds how to silkscreen, and was active/founder of the Art Patch Project (The Art Patch Project (APP) uses art to promote social justice and free speech rights. Originally started by Chris Drew, a champion for First Amendment rights, APP is a unique project combining art, grassroots organizing, participatory learning, community building and entrepreneurship to raise awareness about free speech rights and other social justice issues and the FREE SAM (Free Speech Artists Movement) His passion for the arts and supporting our rights as citizens, especially for artists, was his lifetime commitment.———————————————————————————————–Chicago Premiere at the Logan Theatre ,” Free Speech and the Transcendent Journey of Chris Drew, Street Artist” by Nancy Bechtol. Featuring indie Music by Behind the Sun-Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records one night only – 11.14.14 Friday 7:30 PM

See/Hear the Nancy Bechtol interview by Dan O’Donnell – Logan Square TV

http://logansquare.tv/?p=903

An important documentary about street artist Chris Drew, and his challenges and victory defending First Amendment rights for all citizens, especially Artists. Chicago premiere at The Logan Theatre on Friday, 7:30pm November 14. The film, Free Speech and the Transcendent Journey of Chris Drew, Street Artist is directed by Logan Square resident, Nancy Bechtol. Literally thousands of people across Chicago know Chris Drew, because of his vibrant presence in Chicago’s art community

Original Music featured in the film is courtesy of Hey Now Records. http://www.heynowrecords.com “Paper Airplane” by Behind the Sun` Andy Alton & David Mansfield.

Trailer for the film:

http://youtu.be/2ncu2AjO5ok

“Courage is Like a Wild Horse” – Little Blue Bird speaks on Chris Drew’s Legacy

“Courage is Like a Wild Horse” : Little Blue Bird speaksSharonOkeeCheSkolnick_photo_Nancy-Bechtol-115730_wb

“Chris (Drew), he left his mark here, at the Center (American Indian Center)”..“..he was assertive when the call came for it.. ” I remember we were having a PowWow, and I saw him carrying all those TShirts, and on his bicycle!..he always kept his word” Chris was about encouraging people.  ..He will be remembered.”~Sharon Okee-Chee Skolnick – Little Blue Bird_ Fort Sill-Apache Sioux

See/Hear Sharon:

http://youtu.be/yIEJkx7e_94

Bechtol notes: While I was deep into the process of editing this major film, Sharon gave me a a ‘doll’ she had handmade , “Comanche” an Apache warrior horse. I gazed upon the horse often, and The spirit of courage sustained me throughout the difficult times. “Where Courage Is Like a Wild Horse: The World of an Indian Orphanage” by Manny Skolnick (Author), Sharon Skolnick (Okee-Chee) (Author) Amazon list of Best Books of 2014 http://www.amazon.com/Where-Courage-Like-Wild-Horse/dp/0803242638/ref=lh_ni_t?ie=UTF8&psc=1&smid=AU9XB5ADTC313

© 2012 video/Chris Drew Legacy Interview by Nancy Bechtol, APA Photojournalist. Sharon Okee-Chee Skolnick, Artist and Archivist at the American Indian Center. Original Art in this Interview ©Sharon OKEE-Chee Skolnick. On location. The American Indian Center. Chicago. Chris Drew, was the Exec. Director of the Uptown Multi-Cultural Arts Center (volunteer position) located/housed at AIC for 25 years, on the 3rd floor and was a part of the community and taught many how to silkscreen for free, use and repair computers, and participated, and helped bridge the digital divide and develop programs at the AIC. This video is in a series of people sharing insights to the artist/activist and his life.

—————————————–Chicago Premiere at the Logan Theatre ,” Free Speech and the Transcendent Journey of Chris Drew, Street Artist” by Nancy Bechtol. Featuring indie Music by Behind the Sun-Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records one night only – 11.14.14 Friday 7:30 PM

See/Hear the Nancy Bechtol interview by Dan O’Donnell – Logan Square TV

http://logansquare.tv/?p=903

An important documentary about street artist Chris Drew, and his challenges and victory defending First Amendment rights for all citizens, especially Artists. Chicago premiere at The Logan Theatre on Friday, 7:30pm November 14. The film, Free Speech and the Transcendent Journey of Chris Drew, Street Artist is directed by Logan Square resident, Nancy Bechtol. Literally thousands of people across Chicago know Chris Drew, because of his vibrant presence in Chicago’s art community

Original Music featured in the film is courtesy of Hey Now Records. http://www.heynowrecords.com “Paper Airplane” by Behind the Sun` Andy Alton & David Mansfield.

Trailer for the film:

http://youtu.be/2ncu2AjO5ok

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