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Thursday, May 03, 2012

Courts - "Recording Police v. Recording Citizens Debated in 7th Circuit and in Illinois Legislature"

On Sept. 14, 2011 the ILB posted this entry on the 7th Circuit oral argument, held the previous day, in ACLU v. Alvarez. Despite the 7th Circuit's generally fast turn-around times, this opinion has yet to issue.

Last weekend the Indiana Society of Professional Journalists gave its annual awards. Looking through the 46-page list of awards (with an amazing number going to Angie's List!), my eyes stopped at p. 23:

Category 33B: Continuing Coverage, Outside Indianapolis market TV stations
1st Place: Patrick Fazio, Bob Bruce, Tony Grant
“Recording Police Illegal”
Judges’ Comments: The kind of story we should be doing more of. Extensive, thorough coverage of an underreported topic.
I located the over 17-minute story on YouTube. It is definitely worth watching, although IMHO could stand some shortening.

The MLRC MediaLawLetter has this 2-page article in its October 2011 issue. A quote:

During what has now become a highly publicized exchange [ILB - eg this entry], Judge Posner immediately interrupted the argument with “Once all this stuff can be recorded, there’s going to be a lot more of this snooping around by reporters and bloggers.” ACLU attorney Richard O’Brien countered, “Is that a bad thing, your honor?” To which Judge Posner stated, “Yes, it is a bad thing. There is such a thing as privacy.” (Oral Argument at 8:04 to 8:15). * * *

Judge David F. Hamilton pressed Assistant State’s Attorney Jim Pullos to articulate the “legitimate privacy interest in conversations that are going on in public with a public official that are audible to passerby.” The judge also questioned him about the police exemption to the Act whereby they are permitted to record others without their consent under certain circumstances.

Judge Diane S. Sikes also questioned Mr. Pullos about another so-called exemption to the Act allowing journalists to make such recordings without permission in light of the broad ruling in Glik that recognized citizen-journalists.

Here is the 9/13/2011 7th Circuit oral argument.

Finally, Robyn Hagan Cain posted an entry headed "Recording Police v. Recording Citizens Debated in Courts, IL Legislature," in the FindLaw 7th Circuit News and Information Blog.

Posted by Marcia Oddi on May 3, 2012 02:36 PM
Posted to Courts in general