well, Illinois finally gets it..kind of

What is the name of your state (only U.S. law)?

Illinois

arstechnica.com/tech-policy/news/2012/03/illinois-judge-law-barring-recording-police-is-unconstitutional.ars

Illinois eavesdropping law ruled unconstitutional. They still didn't rule that it was legal in itself to record a cop since the law was struck down based on it being too far reaching.

Oh well. Sometimes you just have to take em anyway you can.

It does seem the judge did agree (in part) with the law but the soccer game example was a good one.

The question I have, is what happens now? Does anything change? I do not know the process as to what happens to a law that was deemed unconstitutional? No change until all appeals are exhausted? If deemed unconstitutional at supreme court,what then? Any idea? Thanks, dave

dave33 said:

It does seem the judge did agree (in part) with the law but the soccer game example was a good one.

The question I have, is what happens now? Does anything change? I do not know the process as to what happens to a law that was deemed unconstitutional? No change until all appeals are exhausted? If deemed unconstitutional at supreme court,what then? Any idea? Thanks, dave

Click to expand...

I doubt anyone is going to appeal this. Right now, its an isolated judge and case. No other judges are bound by it. We'll see.

dave33 said:

The question I have, is what happens now? Does anything change? I do not know the process as to what happens to a law that was deemed unconstitutional? No change until all appeals are exhausted? If deemed unconstitutional at supreme court,what then? Any idea? Thanks, dave

Click to expand...

what, if anything, happens is everybody waits. If the state doesn't appeal the ruling, it stands, in that one case. It is not enforceable in any other case.

If the state appeals, the can appeal directly to the state supreme court. If the ruling is upheld at the state supreme court, the law is then repealed or altered, if possible, to meet necessary standards. If the ruling is overturned, it makes it that much harder for the next guy to fight the law, especially if they are fighting on a similar basis.