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ACLU challenges law barring recording of police!

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KansasVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 10:56 AM
Original message
ACLU challenges law barring recording of police!
This is the reason all DU members need to join the ACLU!

It's not unusual or illegal for police officers to flip on a camera as they get out of their squad car to talk to a driver they've pulled over.

But in Illinois, a civilian trying to make an audio recording of police in action is breaking the law.

"It's an unfair and destructive double standard," said Adam Schwartz, a lawyer with the American Civil Liberties Union of Illinois.

On Wednesday, the ACLU filed a federal lawsuit in Chicago challenging the Illinois Eavesdropping Act, which makes it criminal to record not only private but also public conversations made without consent of all parties.

With cell phones that record audio and video in almost every pocket, the ability to capture public conversations, including those involving the police, is only a click away. That raises the odds any police action could wind up being recorded for posterity.

http://articles.chicagotribune.com/2010-08-19/news/ct-met-aclu-privacy-lawsuit-20100819_1_police-officers-police-activity-aclu
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rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:12 AM
Response to Original message
1. We live in a police state...
Just look at our incarceration rate compared to the rest of the world. And it works out so well for the incarceration capitalists as well.
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KansasVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:15 AM
Response to Reply #1
3. It is a joke how the government gives the police more powers.....
Congress needs to pass a Federal Law saying it is not illegal to tape non-undercover police doing their duties as long as you do not interfere with them.
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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:13 AM
Response to Original message
2. good!
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4lbs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:23 AM
Response to Original message
4. I agree that we should be allowed to record the police. However, I don't agree that it should be
broadcast live.

There are many situations where you don't want the police to be shown live on TV. For example, during a hostage standoff or a bank holdup, you don't want the criminals inside to be able to watch TV and see exactly where the police, S.W.A.T. in this case, are positioned.

Other than that, if the police pull over someone, then I don't see anything wrong with recording their actions. They are public servants, state (or federal if FBI/DEA/ICE/Customs) employees. That means they are paid for by our tax dollars and should be subject to public scrutiny just like other public employees.


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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:39 AM
Response to Reply #4
7. I disagree. Police, like politicians, are public servants and there should be nothing barring them
from being broadcast and/or recorded, especially when it might prevent a police officer from breaking the law.
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Festivito Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 02:55 PM
Response to Reply #4
12. What's to stop the kidnapper/robber from having their own broadcasts?
A car or window positioned outside with a camera broadcasting to the internet or private spectrum to the inside. And, all you would stop is the overt cameras, overt cameras that could be at least asked to divert attention for a given time slot.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:23 AM
Response to Original message
5. True-It is a unfair and double standard.....
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 11:37 AM
Response to Original message
6. That law needs to be overturned and confirmed to be unconstitutional, immediately. (nt)
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ThomCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 12:07 PM
Response to Original message
8. The public should be allowed and encouraged by law
to record anything and everything the police do in public, and be allowed to then present it in any forum, public or private, in any way they see fit so long as they are not making a profit off of it.

If that means putting it up on YouTube, then go for it.

If that means broadcasting it on the local news, fine.

If that means installing a large screen and displaying it to the entire neighborhood to see, okay, go for it!

The police should have absolutely NO EXPECTATION ON PRIVACY from the any member of the public because they are PUBLIC SERVANTS.

They police have shown repeatedly that they are unwilling and incapable of policing themselves. So the only other option is to give up any expectation of privacy and expect that the public is going to monitor every thing that they do.
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TriplD Donating Member (52 posts) Send PM | Profile | Ignore Sun Aug-22-10 12:25 PM
Response to Original message
9. It is essential that people can record the police on duty
If I recall correctly, there was a grassroots movement/organization called "Copwatch" in Columbus Ohio in the early 1990's where people video taped police abuse. This resulted in investigations and ultimately the department was cleaned up, increasing harmony between the police and the community.

If it was illegal to tape the police there would still be a near epidemic of bad cops out there abusing the people of Columbus.
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KansasVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 01:41 PM
Response to Reply #9
10. Great Point!
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Poboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-22-10 02:45 PM
Response to Original message
11. I contribute monthly.
I gave them hell for the Citizens United though. That was almost a deal breaker.
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