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Home » News » Archives » Court Asked to Dismiss Charges Against Alleged Champaign Eavesdropper ACLU Says Recording Police Activity Protected by U.S. Constitution
Court Asked to Dismiss Charges Against Alleged Champaign Eavesdropper ACLU Says Recording Police Activity Protected by U.S. Constitution CHAMPAIGN - Noting that the First Amendment guarantees the �right to collect information regarding government�s actions,� the American Civil Liberties Union of Illinois today filed a friend of the court brief requesting that a state court in Champaign dismiss a criminal eavesdropping charge against Patrick Thompson. Mr. Thompson has been charged under the Illinois Eavesdropping Act by the office of Champaign County States Attorney John Piland. The charge stems from a recent incident in which Mr. Thompson used a hand-held video camera to record law enforcement activity in public places, including conversations in ordinary speaking volumes between police officers and civilians. The video was part of an effort by Mr. Thompson and another man to document law enforcement activities in Champaign. The pair had concerns about discriminatory law enforcement tactics being directed against the African American community in Champaign. The video was intended to be shown on the local cable access television station. �The charges against Mr. Thompson reflect an abuse of Illinois� eavesdropping statute,� said Adam Schwartz, staff counsel with the ACLU of Illinois in announcing the filing of the court brief. �The recording here took place in the open in a public space and recorded voices audible to other members of the public in the area. Under the Constitution, members of the media and the public have the right to record such activities of police in order to monitor their activities.� The ACLU of Illinois brief filed today cites a series of specific court decisions ensuring the right of citizens to document law enforcement activity. The only limitation on such monitoring is that the public or news media cannot interfere with legitimate police activity. There is no allegation in this case that Mr. Thompson interfered with the police, only that he recorded their interactions with local citizens. The brief for the ACLU of Illinois also makes clear that the conversations recorded by Mr. Thompson were not private. The brief notes that the conversations recorded were monitored in a publicly accessible place and were conducted in an average speaking voice audible to passersby. Under these conditions, the ACLU tells the court, the persons engaged in such conversations can have no reasonable expectation that such conversations are private. �Prosecuting Mr. Thompson for his action violates his well-recognized First Amendment right to use a recording device in a public place to monitor governmental activity,� added Schwartz. �The court should dismiss these charges.� Editor�s note: To read a copy of the ACLU of Illinois amicus curiae brief filed today go to http://www.aclu-il.org/legal/courtdocuments/champaignbrief.pdf. |
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