‘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

Arts|Activism|Community: Wapahi speaks on CDrew

Robert Wapahi – Dakota- Nebraska, NE_ Artist. Chris Drew Legacy Interview -5 by Nancy Bechtol

Robert Wapahi is Native American Artist and former Board member of the Uptown Multi-Cultural Arts Center (UM-CAC)_Chris Legacy– Interview by Nancy Bechtol, APA Photojournalist. On location. The American Indian Center. Chicago. Chris Drew, was the Exec. Director of UM-CAC(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 helped bridge the digital divide in the community., and participated, and helped develop programs at the AIC. This video is in a series of people sharing insights to the artist/activist and his life.

SEE/Hear Robert Waphai on YouTube interview:

http://youtu.be/ytwEUxmU-NI

“He is the only person I have seen come through here (the American Indian Center) that would avail himself to anybody, he didn’t care who they were ..he talked to everyone. He always made a statement..his focus was the arts and how to make it accessible. He was not bashful about making a statement how he felt about driving while “black or brown”.. we still have not forgotten him.”

Robert is featured in the indie feature documentary, by Nancy Bechtol

11.14.14

“Free Speech & the Transcendent Journey of Chris Drew, Street Artist” (99 min) film by Nancy Bechtol.  Music by Behind the Sun – Andy Alton & David Mansfield “Paper Airplane” courtesy of Hey Now Records. http://www.heynowrecords.com

The film- will have its Chicago premiere on November 14 at the Logan Theater.