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Illinois Brief Is It Illegal to Record the Police in Public? T Seems Like a Harmless Enough Exercise

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Illinois Brief Is It Illegal to Record the Police in Public? T Seems Like a Harmless Enough Exercise A publication of the American Civil Liberties Union of Illinois » Volume 68 » Number 3-4 » Fall -Winter 2010 The Illinois Brief Is It Illegal to Record the Police in Public? t seems like a harmless enough exercise. You are walking down the Istreet and see the police engaged in a loud discussion with a motor- ist they have stopped on a public street. Something about the incident doesn’t feel right to you, so you pull out your smart-phone and use the built in audio/video camera to record the encounter – all while standing twenty feet away on a public side- walk. Turns out, however, that under Illinois law, the simple act of record- ing that very public conversation could land you in jail. And, for groups like the ACLU, using new technolo- gies to gather information about police activity also can be a violation of the law, even though the ACLU and like-minded groups often use that information to advocate change at the local, state and federal level. Chicago Police observe a rally at the James R. Thompson Center in Novem- ber of 2010. Responding to a series of incidents IN THIS ISSUE duct. In Champaign several years in which individuals in four coun- ago a group of community activ- ties in Illinois have been charged From the Executive Director.........2 ists attempting to document police with violating Illinois’ eavesdropping practices in predominantly African- law for making audio recordings of Fusion Centers............................. 3 American neighborhoods were public conversations with police, charged with violating the Illinois the American Civil Liberties Union Civil Union Bill Passes...................4 eavesdropping law when they filmed of Illinois asked a federal court in and recorded police interactions August to rule that the First Amend- Settlement in Willams Case.........5 with citizens in the public way. (The ment bans such prosecutions. charges were dropped only after the The ACLU lawsuit, filed in federal Ten Commandments Display.........5 installation of a new state’s attor- district court in Chicago, argues ney.) In Chicago, State’s Attorney that individuals (and organizations RoadTrip Across Illinois.................6 Anita Alvarez currently is prosecut- such as the ACLU) may make audio ing an individual for violating the (and video) recordings of police who Obituary: Clyde E. Murphy.............7 eavesdropping statute by recording are performing their public duties police officers. in a public place and speaking in a Ending the Death Penalty...............8 voice loud enough to be heard by the Illinois’ eavesdropping law is flawed unassisted human ear. Dr. David Zbaraz...........................9 because it criminalizes the recording of certain non-private conversations, The case is of particular import Reproductive Health.....................9 one of a small handful of states that because the law is being used to ar- does so. Yet even as the Illinois law rest and prosecute those who want 2010 Bill of Rights Celebration.....10 criminalizes civilians who audio re- to monitor police activity in order to deter or detect any police miscon- (continued on page 7) Board Nominations.....................11 For coverage of the passage of the civil union bill, turn to page 4. Page 2 » www.aclu-il.org Ninety Years From Executive Director Colleen K. Connell he year 2010 marks the 90th anniversary of the ACLU. We The ACLU will never renege on our commitment to Thave much to celebrate; we also have much to do. defend the Constitution. The essence of our Constitution is In this vortex, the ACLU’s found- • Starting in the 1960s, the ACLU of a promissory note admonishing all ers saw a great need for organized Illinois challenged the Chicago Po- Americans to “establish justice” and resistance to unconscionable – and lice Department and the FBI for spy- to “secure the Blessings of Liberty to unconstitutional - repression. Cou- ing on innocent Americans simply ourselves and our posterity.” Unfor- rageously, they formed the ACLU because they opposed the Vietnam tunately, our grand constitutional to secure the Blessings of Liberty, War or promoted civil rights. aspirations are not self-enforcing. including the Bill of Rights, to all For its first 150 years, the Bill of persons. • In 1971, two years before the Su- Rights was worth little more than preme Court’s seminal Roe v. Wade the parchment on which it was writ- Consider some of the ACLU’s most decision, the ACLU of Illinois won a ten. significant battles: case striking down an Illinois ban on abortion. In 1920, the year of the ACLU found- • In 1941, after the attack on Pearl ing, America was a divided country. Harbor, the ACLU’s California af- • In 1977, the ACLU of Illinois fought We saw a surge in religious extrem- filiates challenged the detention of a life and death battle for the First ism – hoping to stop the advance more than 100,000 innocent Japa- Amendment by defending the right of science and secularism. We also nese-Americans. of neo-Nazis to demonstrate in saw a swell of government repres- Skokie. Although we abhorred the sion against those who sought to • A decade later, the ACLU chal- message, the ACLU established, un- protect the rights of women, im- lenged loyalty oaths that were part equivocally, that “The First Amend- migrants, workers, and racial and of an anti-communist witch hunt ment means that government has no religious minorities: targeted at teachers, scientists and power to restrict expression because other government employees. ACLU of its message, its ideas, its subject • Feminist Margaret Sanger was ar- of Illinois lawyers litigated nearly matter or its content.” rested repeatedly for speaking about 100 of these cases. women’s rights and for distributing We paid a huge cost for defending information about birth control. The • In the 1950s the ACLU joined with freedom of speech. The ACLU’s Supreme Court had never enforced the NAACP to confront the scourge stand in Skokie cost us 30 % of our the First Amendment to protect of racism, especially in public members, forcing us to lay off 40 % freedom of speech. schools. We also challenged laws of our staff. that denied people of color the op- • African-Americans were lynched portunity to own homes and to marry ACLU members in Illinois, our staff for political organizing and for exer- the person they loved. and our Board, including the late cising the right to vote. Victor Stone, Professor of Law at the • In the 1960s, the ACLU rallied re- University of Illinois and a giant in • The State of Tennessee passed a sistance to government censorship. constitutional jurisprudence, rebuilt law prohibiting teachers in public Our late board member Burt Joseph the ACLU. In the 1980s, 1990s and schools and universities from teach- led the charge against governmen- continuing today, we zealously de- ing “any theory that denies the story tal attempts to block sales of Henry fended freedom of speech, religious of the Divine Creation of man as Miller’s Tropic of Cancer and other liberty, reproductive choice, voting taught in the Bible.” literary works. rights, and due process and equal (continued on page 3) www.aclu-il.org » Page 3 ACLU / RBF Staff Colleen K. Connell From the Executive Director................................. (continued) Executive Director protection of the law. We expanded Illinois and across the nation. K.T. Sullivan Associate Director our docket to challenge discrimina- • Making reproductive freedom a Mary Dixon tion against persons with HIV, and reality for all. Legislative Director added cutting-edge cases to reform • Ending racial profiling and revers- Khadine Bennett the child welfare system, the mental ing the disturbing trend of treat- Legislative Counsel health system, and the state system ing Americans of Arab or Muslim Marcia Liss for caring for persons with disabili- ancestry as “suspect” when flying or Development Director ties. seeking to build a place of Islamic Maureen Loughnane worship or education. Development Officer As you can see, we have much to Trisa Kern celebrate; as you know, we also have The ACLU will never renege on our Associate Development Director much to do. At the conclusion of commitment to defend the Consti- Jesse Larson Development Associate the ACLU’s next 90 years, we must tution. Together, we will achieve be able to say that we extended con- the goal that we have been pursu- Edwin C. Yohnka Director of Communications & Public Policy stitutional protections to all persons. ing since Roger Baldwin and Jane Ofelia Casillas That work will include: Addams first formed the ACLU – to Deputy Director of Communications • Curbing the surveillance society. ensure that the promise of our & Foundation Relations • Reforming our immigration Constitution is fulfilled and that we Allie Carter system. secure the Blessings of Liberty to all Senior Field Manager • Bringing marriage equality to Americans. Althea Walton Finance Director Illinois. • Ending capital punishment in Sylvia Bridges Office Manager ACLU Asks Court to Force Release of Information Cristen Adams Administrative Assistant About “Fusion Center” Legal Staff ne of the major challenges Harvey M. Grossman Legal Director across Illinois after the scan- Fusion centers have been a focal dals that rocked the guberna- point for controversy because they Benjamin S. Wolf O Associate Legal Director torial administrations of both George collect and share massive amounts Director, Institutionalized Persons Project & Children’s Initiative Ryan and Rod Blagojevich is making of personal information about government more open and trans- members of the public, often without Lorie A. Chaiten Director, Reproductive Rights Project parent. The ACLU of Illinois believes adequate safeguards, oversight and John A. Knight that such transparency must include transparency. Director, LGBT & AIDS Projects law enforcement, especially when Barbara P. O’Toole they are gathering sensitive, per- “It is dangerous when government Adam Schwartz Gail Waller sonal information about persons in – at any level – operates in secret,” Senior Staff Counsel Illinois.
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