Illinois cop caught sleeping in car claims it's illegal to record cops

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BurnItDwn

BurnItDwn

Lifer
Oct 10, 1999
26,369
1,879
126
Yea, maybe time is coming soon for moving out of IL and to WI or MI, I've always wanted to be a yooper ...
 
Pipeline 1010

Pipeline 1010

Golden Member
Dec 2, 2005
1,987
807
136
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Subyman said:
I pulled up the law, it seems the headlines may be going a bit far. I couldn't find anything about forcing students to turn over their passwords in the law:

http://www.ilga.gov/legislation/publicacts/98/PDF/098-0801.pdf

All it does, from what I could see, is extend the bullying laws to include "cyber-bulling" both on and off school campus.
Click to expand...

right. it just gave them the right to punish a student for bulling off school grounds.

No way do kids have to give up passwords. though they tried to make that a law.
 
Subyman

Subyman

Moderator <br> VC&G Forum
Mar 18, 2005
7,876
32
86
waggy said:
right. it just gave them the right to punish a student for bulling off school grounds.

No way do kids have to give up passwords. though they tried to make that a law.
Click to expand...

Eh, my school did that way before it was law. TPing, mail box bashing, etc were all punished through the school. I don't really see a problem with having school consequences for bullying a student of said school off campus or out of school hours.

Are people simply making up those headlines though? I couldn't find any real law that was passed.
 
shortylickens

shortylickens

No Lifer
Jul 15, 2003
80,287
17,082
136
Genx87 said:
In Illinois afaik it is illegal to record a cop. But push a prosecutor to go ahead with a trial and see what happens. They know it will be tossed out on 1st amendment rights. Instead they use the current law as a way to harass citizens and make them fear doing something that is actually legal. Most will plea out and many will pass the word along to not video record the police.
Click to expand...

We've had this discussion a thousand times.

Its not illegal in ANY state. It never has been.
 
P

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Subyman said:
I pulled up the law, it seems the headlines may be going a bit far. I couldn't find anything about forcing students to turn over their passwords in the law:

http://www.ilga.gov/legislation/publicacts/98/PDF/098-0801.pdf

All it does, from what I could see, is extend the bullying laws to include "cyber-bulling" both on and off school campus.
Click to expand...

I am not familiar with details of IL law, but according to many sources, it extends far beyond that. http://www.cnet.com/news/new-illinois-law-allows-schools-to-demand-students-facebook-passwords/

And the school district/board definitely thinks they have the right under the law to demand passwords and access to any account they "reasonably believe" might have been used to bully someone. They sent this letter to parents:

School authorities may require a student or his or her parent/guardian to provide a password or other related account information in order to gain access to his/her account or profile on a social networking website if school authorities have reasonable cause to believe that a student's account on a social networking site contains evidence that a student has violated a school disciplinary rule or procedure.
Click to expand...

According to the stuff from cnet and other sources, penalty for not complying by handing over credentials is not detention or something like that, it is criminal charges.

Note that it is also not limited to the account of the student. Lets say a student posted some mean comment about another student using her mom's facebook account. The school can then demand that mom hand over her password and credentials to all her social media accounts to the school. :eek:

Yeah, no potential for abuse there at all... nope.

Maybe the reports are overhyped, but that seems absolutely insane to me.

Meanwhile, other states (like Oregon) are actually going the opposite way, making it illegal for schools and/or employers to demand access to your credentials to accounts etc.

Glad I don't live in IL. Their government seems to be going from just regular corruption and incompetence to all out authoritarian/totalitarian mode.
 
P

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
shortylickens said:
We've had this discussion a thousand times.

Its not illegal in ANY state. It never has been.
Click to expand...

Huh? That is far from true. First, until and unless a law is thrown out by the courts as unconstitutional, it is valid and enforceable. It appears that in IL, as the law stands right now, it is illegal.
 
rudeguy

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
PokerGuy said:
Huh? That is far from true. First, until and unless a law is thrown out by the courts as unconstitutional, it is valid and enforceable. It appears that in IL, as the law stands right now, it is illegal.
Click to expand...

Not true.

http://en.wikipedia.org/wiki/Glik_v._Cunniffe

Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) was a case at the United States Court of Appeals for the First Circuit that held that a private citizen has the right to record video and audio of public officials in a public place, and that the arrest of the citizen for a wiretapping violation violated the citizen's First and Fourth Amendment rights.
Click to expand...

The case was also cited by the Seventh Circuit Court of Appeals in granting an injunction prohibiting the State of Illinois from enforcing its wiretapping law against citizens openly recording public officials in public places. The Seventh Circuit stated that "applying the statute in the circumstances alleged here is likely unconstitutional."
Click to expand...
 
P

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
rudeguy said:
Not true.

http://en.wikipedia.org/wiki/Glik_v._Cunniffe
Click to expand...

That is only for the 1st circuit (and possibly the 7th). Regardless, even if a federal court has thrown out the conviction based on that premise, as long as the specific law has not been struck down, it is in effect and you can be charged under it. The fact that you will probably ultimately prevail in court is great, but it would take years and huge legal fees even if you win.

The fact IL just implemented this law -- clearly going against what the IL supreme court and federal district court already ruled -- shows they know that the law can be used for intimidation even if it doesn't hold up in the long run.
 
Subyman

Subyman

Moderator <br> VC&G Forum
Mar 18, 2005
7,876
32
86
PokerGuy said:
I am not familiar with details of IL law, but according to many sources, it extends far beyond that. http://www.cnet.com/news/new-illinois-law-allows-schools-to-demand-students-facebook-passwords/

And the school district/board definitely thinks they have the right under the law to demand passwords and access to any account they "reasonably believe" might have been used to bully someone. They sent this letter to parents:



According to the stuff from cnet and other sources, penalty for not complying by handing over credentials is not detention or something like that, it is criminal charges.

Note that it is also not limited to the account of the student. Lets say a student posted some mean comment about another student using her mom's facebook account. The school can then demand that mom hand over her password and credentials to all her social media accounts to the school. :eek:

Yeah, no potential for abuse there at all... nope.

Maybe the reports are overhyped, but that seems absolutely insane to me.

Meanwhile, other states (like Oregon) are actually going the opposite way, making it illegal for schools and/or employers to demand access to your credentials to accounts etc.

Glad I don't live in IL. Their government seems to be going from just regular corruption and incompetence to all out authoritarian/totalitarian mode.
Click to expand...

I know what is being published about the law, but I see nothing in the actual law that backs up those claims.
 
P

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Subyman said:
I know what is being published about the law, but I see nothing in the actual law that backs up those claims.
Click to expand...

I thought the same, and I thought maybe it's just some sketchy sites prone to hyperbole reporting it, but reputable sites are reporting the same. The school district must have reason to believe there is more based on that letter they sent out. The law is actually an amendment to another set of laws, I haven't gone back to those laws to see what exactly was there though.
 
JEDIYoda

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
PokerGuy said:
Huh? That is far from true. First, until and unless a law is thrown out by the courts as unconstitutional, it is valid and enforceable. It appears that in IL, as the law stands right now, it is illegal.
Click to expand...
you are blowing smoke out your ass....It is legal in every state to video record the police.......Oink?
 
JEDIYoda

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
PokerGuy said:
That is only for the 1st circuit (and possibly the 7th). Regardless, even if a federal court has thrown out the conviction based on that premise, as long as the specific law has not been struck down, it is in effect and you can be charged under it. The fact that you will probably ultimately prevail in court is great, but it would take years and huge legal fees even if you win.

The fact IL just implemented this law -- clearly going against what the IL supreme court and federal district court already ruled -- shows they know that the law can be used for intimidation even if it doesn't hold up in the long run.
Click to expand...
You cannot possibly honestly believe the lies that you are posting?
 
JEDIYoda

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
Last edited:
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