Been there, done that.

At least we thought so when it came to Illinois’ controversial eavesdropping statute. In May of last year, the Seventh Circuit held that the Illinois eavesdropping law was unconstitutional, and likely violated the First Amendment as applied to “recordings of public officials doing the public’s business in public and regardless of whether the recording is open or surreptitious.”

The Supreme Court denied cert, so we for now, the Seventh Circuit’s ruling is the law in Illinois. However, Illinois State’s Attorney, for Morgan County, Robert Bonjean apparently didn’t get the memo.

Bonjean stated: “We’ll review those reports and we’ll continue to monitor the decision from the Seventh Circuit … I don’t foresee myself making any blanket decision, just taking it on a case-by-case basis,” reports Reason.com.

The problem is, the Seventh has already made a “blanket decision” – at least with regard to public officials, in public, doing public business. So, we’re not really sure what there is to monitor.

Bonjean is not alone in his ignorance. Police Chief Tony Grootens contends that Newingham was ignorant of the law, when it appears that Morgan County officials are not aware of the law. The Journal-Courier reports that Grootens stated:

It seems like Morgan County needs to be brought up to speed on the Seventh Circuit decision and its applicability to them. Otherwise, we may be experiencing a bad case of déjà vu all over again.

Believe me, [the State’s Attorney’s Office is] busy enough … There’s more pressing things on their plate right now than to go with that. I already took care of i …. told him not to be doing it. He honestly thought he was OK to do it, so now if he continues to do it, I can’t tell you that he certainly won’t be arrested.

Related Resources:

  • Seventh Circuit Says Citizens Have a Right to Record the Police (FindLaw’s U.S. Seventh Circuit Blog)
  • No Qualified Immunity: Citizens Have Right to Record Police (FindLaw’s U.S. First Circuit Blog)
  • Recording Police v. Recording Citizens Debated in Courts, IL Legislature (FindLaw’s U.S. Seventh Circuit Blog)

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