Michael Allison Still Faces 75 Years In Prison For Attempting To Expose Public Corruption [E9xBGtLck2w]

00:24 It's very frustrating. Even though I'm out on bail, I have restrictions on my freedom and I am being treated as a criminal. I have been unable to leave the state of Illinois ever since this started nearly three years ago. I am still not through the process but at the same time the only way to defeat this statute is make it go through the court system. I believe that the First Amendment is already so clear on the issue that this is a no-brainer and shouldn't even need to be discussed, but since there are people being put in jeopardy across this country and I'm one of them.

01:02 It seems like we need a clarification out of the US Supreme Court. We have new developments in our investigation that's been watched on YouTube more than 1 quarter million times, it's about the local man facing felony charges for recording audio of law enforcement in public that's perfectly legal to do here in Indiana but it's considered a crime just across the border in Illinois The felony eavesdropping case against Michael Allison has been dismissed. I was surprised to see that I got a ruling like that out of this court. The judge in Crawford County has ruled that the Illinois eavesdropping statute is unconstitutional. I believe that public pressure did have an effect on it and

01:49 with the media attention and everything that it got. But Allison's case isn't over, the state is appealing to the Illinois Supreme Court to try to overturn the ruling It's very frustrating even though I'm out on bail I have restrictions on my freedom and i am being treated as a criminal I have been unable to leave the state of Illinois ever since this started nearly three years ago. Allison isn't the only one fighting the state over publicly recording audio of law enforcement without permission. Louis Frohb was pulled over for speeding last year near Chicago he didn't think he had done anything wrong so he recorded the traffic stop on his flip camera. Is it recording our conversation? Yes. That's what?

02:39 We're eavesdropping on our convocation. I did not give you permission to do so. Step out of my vehicle. Step out of the vehicle. Frobe was arrested for recording audio without the officer's consent The officers dash cam also recorded the conversation, but police are above the Illinois eavesdropping law If i'm getting pulled over for a speeding ticket Who in their right mind thinks it's a class 4 felony to pull out their cell phone, plop it on the dashboard and hit record? But that's the law in Illinois. And Chapin Rose has tried to change it With now dominance of cell phone video cameras you're going to see more and more of this Rose is the state representative who has tried for years but couldn't get support from the Statehouse to repeal the Illinois eavesdropping statute It endangers anybody who pulls out a recorder and begins to record

03:31 without getting the consent of the recording. The Illinois eavesdropping statute prohibits recording audio without permission and it even applies to journalists according to the state law broadcasters are only exempt during public functions That's why all your radio people here will always say, this is Dave Dahl from such and such radio station. Do I have your permission to record? It's not just radio video recordings aren't always protected either especially if the recordings aren't clearly disclosed in fact the reporters committee for freedom of the press has a warning on its website It says, the audio portion of a videotape will be treated under the regular wiretapping laws in any state. The Reporters Committee for Freedom Of The Press is among seven journalism organizations that filed this court brief in April to try and overturn the law. The brief says Illinois' eavesdropping statute is shockingly broad – so broad that it inhibits the basic right to gather information and is a clear burden on the First Amendment

04:32 That court brief is part of an ACLU lawsuit in federal appeals court, which is one step below the US Supreme Court. The ACLU is hoping the Seventh Circuit Federal Appeals Court in Chicago will overturn the Illinois eavesdropping law. You can video the police officer, you can photograph the police officer. They admit that you can listen to the police officer and even write down what the police officers saying but you cant turn on the audio button it simply doesn't make any sense The ACLU's lawsuit was dismissed earlier this year by a lower court. The lawsuit now awaits the decision by the Seventh Circuit Federal Appeals Court. One of the Seventh Circuit judges already commented on the case during a hearing in September, Judge Richard Posner said if you permit the audio recordings there'll be a lot more eavesdropping. There is going to be a lot of this snooping around by reporters and bloggers yes it's a bad thing

05:34 If that's the same opinion of the other judges, then the 7th Circuit Federal Appeals Court won't overturn Illinois' eavesdropping law. But the 1st Circuit Federal Appeals Court just recently ruled in favor of publicly recording audio without consent That decision was made on a 2007 case in Boston involving this cell phone recording Simon Glick recorded this arrest because he thought police used excessive force. Glick was then arrested himself for violating Massachusetts wiretapping law in August, the First Circuit ruled in glicks favor saying the U S Constitution's first amendment protects public audio recordings without consent

06:16 But that ruling only applies to states in the First Circuit, not all the other states with eavesdropping and wiretapping laws. Those with the toughest laws are known as All Consent States. That means you need consent from all parties of a conversation to record audio Illinois has the harshest law. That's why the ACLU filed its lawsuit. It is virtually unheard of for law enforcement officers in other states and in our country to be protected or to be able to use eavesdropping laws as a weapon against citizens who seek to do nothing more

06:53 All the recording police cases in Illinois would have to be dropped if the 7th Circuit overturns the eavesdropping statute. If not, and the Illinois Supreme Court upholds the state's appeal against Michael Allison... then he'd go on trial. And if convicted, Allison would face up to 75 years in prison for those felony eavesdropping charges. I'm still not through the process but at the same time the only way to defeat this statute is uh... to make it go through the court system. No matter how Allison's case or any of the recording cases end, any of them could ultimately be appealed to the U.S. Supreme Court if so the high court could decide once and for all whether it's a constitutional right to publicly record audio of law enforcement without their permission I believe that the First Amendment is already so clear on the issue

07:52 that this is a no-brainer and shouldn't even need to be discussed, but since there are people being put in jeopardy across this country and I'm one of them it seems like we need a clarification out of the U.S. Supreme Court Would you record police again? with the charges that are pending, I would be leery of it myself. Eavesdropping and wiretapping laws are starting to cause a chilling effect on recording. The 1991 Rodney King beating in LA only became public because of this tape without a Supreme Court decision to allow recordings in all states citizens might not record police abuse in the future

08:35 and there's no timetable for the Illinois Supreme Court or the Seventh Circuit Federal Appeals Court. We violated my right to privacy. Those are the words of Crawford County, Illinois Circuit Court Judge Kimbra Harrell when Michael Allison responded having a tape recorder in his pocket at his own trial. Michael now faces 75 years in prison for attempting to document his own trial after being denied a court reporter but the case goes even deeper. Michael Allison was on the cusp of exposing a scheme that was potentially bringing in tens of thousands of dollars off

09:19 According to Michael Allison, a city ordinance sits on the books that doesn't allow you to keep your car in your driveway if it's inoperable. If you do, it must be registered and have up-to-date license and registration and insurance. But in Michael's case he was working on his mother's car and because the car was not up to code, he was in violation and received a citation to appear in court. Apparently, according to Michael this sort of thing is happening all over his county. Police issue the citation and tow the car then the citizen is charged with the fine and forced to pay for storage of vehicle and towing fees. In most cases people cannot afford a pay and the county files a lien confiscates the car issues a new title and then sells the car. And another citizen falls victim to crushing power of law and loses their property in the land of free and home of brave.

10:06 Now back to the judge. In retaliation to Michael's threats, to expose the legalized plunder of the county citizens... ...the judge used Illinois wiretapping statute to arrest Michael in the courtroom for violating the judges right to privacy Since when does a judge sitting on their stand in their court room have a right to privacy? You want to help Michael Allison? you can call the courthouse and let them know the whole nation is now eavesdropping on the case. The number is 618-544-3512 Cops and judges are the servants of the people who have sworn an oath to protect our rights, not to protect their interests They want to put cameras up on every street corner in police dashboard but the moment we point a camera at them...we become the criminals