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State of Illinois Will Appeal Case Against Michael Allison
Friday, December 2nd, 2011I missed this when it came out a few weeks ago. The state of Illinois will appeal its case against Michael Allison.
I first wrote about Allison in the January issue of Reason. He’s facing up to 75 years in prison for recording police and other public officials with a digital recorder. In September, a Crawford County judge ruled that the state’s eavesdropping law violates the First Amendment. It’s now up to the Illinois Supreme Court. And, after that, I’d imagine the loser will at least try to get the case before a federal court.*
This is bad for Allison, but good for getting the law overturned once and for all. Allison has told me that is his aim. He has said he won’t take a plea bargain.
*A commenter reminds me that a challenge to the law is already before the U.S. Court of Appeals for the Seventh Circuit.
Isn’t the issue already under appeal with the 7th Circuit Court of Appeals?
You know, with one vote already locked up in favor of the police by Richard ‘I don’t care what the civil liberties people say, this will lead to a lot more snooping by bloggers and journalists’ Posner?
Wow, Illinois is on the comeback trail this week. The Lake County Sheriff nonsense earlier in the week was bad as I’m sitting in Lake County, but now Evanston marijuana laws/enforcement and fighting against the recording law make ‘us’ look considerably better.
Something is seriously screwed up when a man faces more time in prison for using the only tool available to him that forces the police choose between doing their duty or getting in trouble…than he would if he had shot one of them.
The way things like this are going, reminds me of an old story about the Chinese Empire: Two peasant farmers are walking along a road. One says to the other “What’s the penalty for being late for work?” The second one answers “Death.” The first one asks “What’s the penalty for armed revolt?” And the second one answers “Death.” Then the first one says “Well, we’re late for work.” And the Imperial dynasty fell.
If you face an equal or greater punishment for exercising your Constitutionally-guaranteed rights than you would for simply shooting the bad cops, where’s the incentive to use a camera instead of a gun?
The only federal coUrt it can go to is the supreme court.
To be honest with you I’m to the point where I am embarrassed to admit that I am a citizen of Illinois.
It amazes me the vigor with which this “law” is defended with dollars that come from the very people it represses.
Damn it, will you people stop reasonably trying to hold the state to account? These pesky cameras mean we cops have to obey the law and not beat confessions out of people, or harrass them pointlessly, how do you expect us to do our jobs?
As a resident of IL, I wish Michael Allison et al. the best. This eavesdropping law is atrocious. Its existence is particularly disturbing in a state with such a sordid history of corruption at all levels.
Incidentally, I recently spoke with some people about this issue at the Occupy Peoria site (downtown on Fulton Plaza in case there are any Central IL residents reading this). They seemed to be intimately familiar with the issue of recording the police in IL. I strongly advised the people there to film the police covertly and then send everything immediately to the web, and to the media if they so desire. I understand the urge to film out in the open–it should be our right after all–in order to minimize the damage police might do if they get out of hand. But if your goal is to gather evidence, then inconspicuous filming seems to be most effective these days.
Before parting ways, I recommended The Agitator to the assembled (and very chilly) demonstrators. Based on the “Flush the Fed” toilet seat at the site, and my conversations with the group, I think at least some of the Occupy Peoria people might be happy to work with libertarians, particularly on issues like police accountability. One protester made it clear to me that parties and ideology were unimportant to him and to others in OWS. I can only hope that trend continues.
@3 If you shoot a cop, the cops will try very hard to make sure a trial is not necessary.
@9 – So, less time in prison. Check.
I feel bad about all of this. My barber told me that he was not too trusting of the local yocals, either. Said he was glad to see my relatives working for LE. He thought there might be less crookedness. Crawford County resident
real cops support the right of the public to film them, and their right to film others.
that way, truth wins.
it helps weed out bad cops, protect good cops from false complaints, bring the guilty to justice, and free the innocent.