know your rights free speech in chicago
DESCRIPTION
Know Your Rights Free Speech in Chicago. Because Freedom Can’t Protect Itself. History of Free Expression in Chicago. Presentation Overview. General 1 st Amendment principles Current Chicago regulations impacting freedom of expression What to do if you are stopped by the police or arrested - PowerPoint PPT PresentationTRANSCRIPT
![Page 1: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/1.jpg)
Know Your RightsFree Speech in Chicago
Because Freedom Can’t Protect Itself
![Page 2: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/2.jpg)
2
History of Free Expression in Chicago
![Page 3: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/3.jpg)
3
![Page 4: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/4.jpg)
4
![Page 5: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/5.jpg)
5
Presentation Overview
General 1st Amendment principles
Current Chicago regulations impacting freedom of expression
What to do if you are stopped by the police or arrested
What you can do to defend free speech in Chicago
![Page 6: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/6.jpg)
General Free Speech Principles
![Page 7: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/7.jpg)
7
General Free Speech Principles
The general rule:
No regulation of messages
![Page 8: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/8.jpg)
8
General Free Speech Principles
The First Amendment does NOT protect a few narrow categories of expression.
![Page 9: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/9.jpg)
9
General Free Speech Principles
“Incitement”
“True threats”
“Fighting words”
![Page 10: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/10.jpg)
When do I need a permit?
![Page 11: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/11.jpg)
11
When do I need a permit?
I need a permit when …
Parades in the street and free expression in the sidewalk that block the flow of pedestrian traffic
Large groups in Chicago parks
Other public spaces may require permits
![Page 12: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/12.jpg)
12
When do I need a permit?
I don’t need a permit for…
Small groups
Free speech activity that does not obstruct pedestrian or vehicle traffic
Deadlines for permits do not apply to…
Spontaneous responses to current events
![Page 13: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/13.jpg)
13
Other Laws Impacting Speech
Blocking traffic and entrances
Harassment
Loud sounds
Disorderly conduct Many of the above categories fall into unprotected
disorderly conduct Failure to follow dispersal orders
![Page 14: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/14.jpg)
The Illinois Eavesdropping Act
![Page 15: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/15.jpg)
15
The Illinois Eavesdropping Act
The Illinois Eavesdropping Act prohibits the audio recording of any conversation – whether private or non-private, and whether secret or open – absent all-party consent.
![Page 16: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/16.jpg)
16
The Illinois Eavesdropping Act
If the subject of recording is a police officer, the penalty is increased, to as many as 15 years of incarceration.
![Page 17: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/17.jpg)
17
The Illinois Eavesdropping Act
To be clear: this act prevents audio recording, not taking photographs or video recording with the audio function turned off.
![Page 18: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/18.jpg)
A few notes on civil disobedience
![Page 19: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/19.jpg)
19
A few notes on civil disobedience
Civil disobedience is the refusal to comply with certain laws as a form of protest.
Often these are valid laws, such as laws preventing people from blocking the street.
The First Amendment generally does NOT protect such acts.
![Page 20: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/20.jpg)
20
A few notes on civil disobedience
When police issue dispersal orders, they must carefully distinguish between those protesters who intend to be arrested for civil disobedience, and those protesters who do not know their presence is unlawful.
An Illinois statute and a Chicago ordinance prohibit resisting arrest. The former has been applied to “going limp” during arrest.
![Page 21: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/21.jpg)
What do I do if I am stopped by the police?
![Page 22: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/22.jpg)
22
What do I do if I am stopped by the police?
Stay calm. Don’t run. Don’t argue, resist, or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
![Page 23: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/23.jpg)
23
What do I do if I am stopped by the police?-Remain silent-
You have the right to remain silent and cannot be punished for refusing to answer questions.
While you are on foot in a public place in Illinois, if a police officer asks you to identify yourself, you cannot be arrested for refusing to answer, but you can be arrested for giving a false answer.
If you wish to remain silent, tell the officer out loud. If you do talk to the police, do not lie: doing so often is a crime.
![Page 24: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/24.jpg)
24
What do I do if I am stopped by the police?-Searches-
You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they reasonably suspect that you possess a weapon.
You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
![Page 25: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/25.jpg)
What do I do if I am arrested?
![Page 26: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/26.jpg)
26
What do I do if I am arrested?-Resisting Arrest-
Do not resist arrest, even if you believe the arrest is unfair.
Remember, going limp is a form of resisting arrest in Illinois.
![Page 27: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/27.jpg)
27
What do I do if I am arrested?-Right to a Lawyer-
Say you wish to remain silent and ask for a lawyer. Don’t give any explanations or excuses.
If you can’t pay for a lawyer, you have the right to a free one, unless a fine is the only penalty for the crimes you are accused of committing.
Don’t say anything, sign anything, or make any decisions without a lawyer.
![Page 28: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/28.jpg)
28
What do I do if I am arrested?-Phone Calls-
You have the right to make a local phone call.
You should not talk about the facts of your case over the phone from jail, because the police might be listening.
![Page 29: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/29.jpg)
29
What do I do if I am arrested?-Be Prepared-
Prepare yourself and your family in case you are arrested:
Memorize the phone numbers of your family and your lawyer.
Make emergency plans if you have children or take medication.
![Page 30: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/30.jpg)
30
What do I do if I am arrested?-Getting Released-
If you were arrested for a fine-only offense or for a misdemeanor, you usually will be eligible for prompt release from the police station lock-up pursuant to an individual recognizance bond (often called an “I-bond”).
It’s important to have a photo ID. You may be released more quickly.
No more than 48 hours after your arrest, and regardless of the charges, you have the right to appear before a neutral judge.
![Page 31: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/31.jpg)
31
What do I do if I am arrested?-Documentation-
Try to learn and remember the names and badge numbers of all police officers involved in your arrest.
Try to remember all the details of your arrest, and write them down as soon as possible.
If you are injured, seek medical attention immediately, photograph your injuries, and obtain a copy of all treatment records.
![Page 32: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/32.jpg)
32
Important Information for Non-Citizens
If you are a non-citizen, ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
Don’t discuss your immigration status with anyone but your lawyer.
If an immigration agent visits you in jail, do not answer questions or sign anything before talking to a lawyer.
![Page 33: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/33.jpg)
33
If Your Rights are Violated
Contact the ACLU of Illinois:
Phone: (312) 201-9740
Email: [email protected]
Online: http://www.aclu-il.org/intake
![Page 34: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/34.jpg)
34
Defend Free Speech in Illinois
Join the ACLU of Illinois email list: http://action.aclu.org/ilemail
Follow us on Facebook & Twitter (@ACLUofIL)
Read more about your rights: http://rights.aclu-il.org
![Page 35: Know Your Rights Free Speech in Chicago](https://reader035.vdocuments.net/reader035/viewer/2022062520/56816119550346895dd07252/html5/thumbnails/35.jpg)
Because Freedom Can’t Protect Itselfhttp://rights.aclu-il.org