Tribune staff
9:34 a.m. CST, November 26, 2012
The U.S. Supreme Court has blocked enforcement of an Illinois law that prohibited people from recording police officers on the job.
The justices on Monday left in place a lower court ruling that found that the state’s anti-eavesdropping law violates free speech rights when used against people who tape law enforcement officers.
The law set out a maximum prison term of 15 years.
The American Civil Liberties Union filed a lawsuit in 2010 against Cook County State’s Attorney Anita Alvarez to block prosecution of ACLU staff for recording police officers performing their duties in public places, one of the group’s long-standing monitoring missions.
Opponents of the law say the right to record police is vital to guard against abuses.
Last May, a federal appeals court in Chicago ruled that the law “likely violates” the First Amendment and ordered that authorities be banned from enforcing it.
The appeals court agreed with the ACLU that the “Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests.”
The appeals court ruling came weeks before the NATO summit when thousands of people armed with smart phones and video cameras demonstrated in the city. Officials had already announced that they would not enforce the law against summit protesters.
Public debate over the law had been simmering since last summer.
In August of 2011, a Cook County jury acquitted a woman who had been charged with recording Chicago police internal affairs investigators she believed were trying to dissuade her from filing a sexual harassment complaint against a patrol officer.
Judges in Cook and Crawford counties later declared the law unconstitutional, and the McLean County state’s attorney cited flaws in the law when he dropped charges this past February against a man accused of recording an officer during a traffic stop.
The Associated Press contributed
Copyright © 2012, Chicago Tribune
