In his motion to dismiss the charges, defense counsel Jeff Brown argued that Turner “was stopped on a public street, by a public servant, doing the public’s work. The right to film police officers holds government accountable and deters police misconduct.”

The First Amendment allows the public to gather information on matters of public concern, said Brown. On-duty police officers may make audio recordings of their conversations with civilians while forbidding civilians to do the same, said Brown.

One way of addressing eavesdropping could be to allow audio and visual recordings of situations in public, said Dozier. For example, a person who is the subject of threats or other criminal acts should be allowed to record such actions, said Dozier.

Brown said he was pleased with the dismissal but a ruling from a judge on his motion would have put a decision on the record for future cases — particularly if Dozier’s successor later this year does not agree with his interpretation of the law.

A bill pending in the Illinois House would eliminate the recording of interactions with police as a criminal offense. The measure that would amend a 40-year-old statute has the backing of the Illinois Press Association and the American Civil Liberties Union.

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