"All statutes are presumed
constitutional and the party challenging the constitutionality of a
statute has the burden of clearly establishing that it violates the
constitution."
-- Justice Robert R. Thomas
(1952- ) Justice of the Supreme Court of Illinois, former professional football player
Source: delivering the opinion of the court in The People of the State of Illinois v. Claudia Madrigal, Ill.Sup Docket 110194 (2011), citing also, People v. Carpenter, 228 Ill. 2d 250. 267 (2008)
http://quotes.liberty-tree.ca/quote_blog/Robert.Thomas.Quote.77D3
"The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."
-- Judge Kermit Victor Lipez
(1941-) Senior United States Circuit Judge of the United States Court of Appeals for the First Circuit
Aug 26, 2011
Source: writing the opinion of the court in Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011), (quoting Mills v. Alabama, 384 U.S. 214, 218 (1966))
http://media.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf
http://quotes.liberty-tree.ca/quote_blog/Kermit.Lipez.Quote.B962
"The Illinois eavesdropping statute restricts a medium of expression commonly used for the preservation and communication of information and ideas, thus triggering First Amendment scrutiny. Illinois has criminalized the nonconsensual recording of most any oral communication, including recordings of public officials doing the public’s business in public and regardless of whether the recording is open or surreptitious. Defending the broad sweep of this statute, the State’s Attorney relies on the government’s interest in protecting conversational privacy, but that interest is not implicated when police officers are performing their duties in public places and engaging in public communications audible to persons who witness the events. Even under the more lenient intermediate standard of scrutiny applicable to content-neutral burdens on speech, this application of the statute very likely flunks. The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests; as applied to the facts alleged here, it likely violates the First Amendment’s free-speech and free-press guarantees."
-- Judge Diane Schwerm Sykes
(1957-) Federal judge on the U.S. Court of Appeals for the Seventh Circuit, former Justice of the Wisconsin Supreme Court
Source: in the ruling for the U.S Court of Appeals for the 7th Circuit, ALCU of Illinois v. Anita Alvarez (2012)
http://www.aclu-il.org/wp-content/uploads/2012/05/Alvarez_ruling.pdf
http://www.aclu-il.org/aclu-v-alvarez22/
http://quotes.liberty-tree.ca/quote_blog/Diane.Sykes.Quote.AC09
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"Life is a gift, Freedom is a responsibility."
Liberty-Tree.ca (c) Copyright 2010
-- Justice Robert R. Thomas
(1952- ) Justice of the Supreme Court of Illinois, former professional football player
Source: delivering the opinion of the court in The People of the State of Illinois v. Claudia Madrigal, Ill.Sup Docket 110194 (2011), citing also, People v. Carpenter, 228 Ill. 2d 250. 267 (2008)
http://quotes.liberty-tree.ca/quote_blog/Robert.Thomas.Quote.77D3
"The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."
-- Judge Kermit Victor Lipez
(1941-) Senior United States Circuit Judge of the United States Court of Appeals for the First Circuit
Aug 26, 2011
Source: writing the opinion of the court in Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011), (quoting Mills v. Alabama, 384 U.S. 214, 218 (1966))
http://media.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf
http://quotes.liberty-tree.ca/quote_blog/Kermit.Lipez.Quote.B962
"The Illinois eavesdropping statute restricts a medium of expression commonly used for the preservation and communication of information and ideas, thus triggering First Amendment scrutiny. Illinois has criminalized the nonconsensual recording of most any oral communication, including recordings of public officials doing the public’s business in public and regardless of whether the recording is open or surreptitious. Defending the broad sweep of this statute, the State’s Attorney relies on the government’s interest in protecting conversational privacy, but that interest is not implicated when police officers are performing their duties in public places and engaging in public communications audible to persons who witness the events. Even under the more lenient intermediate standard of scrutiny applicable to content-neutral burdens on speech, this application of the statute very likely flunks. The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests; as applied to the facts alleged here, it likely violates the First Amendment’s free-speech and free-press guarantees."
-- Judge Diane Schwerm Sykes
(1957-) Federal judge on the U.S. Court of Appeals for the Seventh Circuit, former Justice of the Wisconsin Supreme Court
Source: in the ruling for the U.S Court of Appeals for the 7th Circuit, ALCU of Illinois v. Anita Alvarez (2012)
http://www.aclu-il.org/wp-content/uploads/2012/05/Alvarez_ruling.pdf
http://www.aclu-il.org/aclu-v-alvarez22/
http://quotes.liberty-tree.ca/quote_blog/Diane.Sykes.Quote.AC09
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Did you miss yesterday's quotes? Click here:
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Many have sacrificed their lives for our Liberty.
Let us renew our commitment to Freedom.
Liberty Quotes -
http://quotes.liberty-tree.ca
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"Life is a gift, Freedom is a responsibility."
Liberty-Tree.ca (c) Copyright 2010
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