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From an article on ChicagoTribune.com:
DuPage County Judge Joseph Bugos made a decision earlier this week to drop charges against freelance videographer David Weaver, who was taken into custody last year while filming a car crash on Interstate 88 near Naperville. Based on the testimony provided by the Illinois State Police officer involved in the arrest, Judge Bugos decided to dismiss the misdemeanor charges midway through Weaver's bench trial.
Weaver's lawyer, Matthew Topic, who specializes in free speech cases, contended that the prosecution had not met its obligation to prove the charges. Specifically, Topic argued that the state had not demonstrated that Weaver had violated the statutes related to obstructing traffic, improper pedestrian behavior, or failing to yield to emergency vehicles. The judge concurred, ending the trial after the prosecution's case and dismissing all the misdemeanor charges. Earlier, the judge had already removed a trespassing accusation during a pre-trial ruling.
David Weaver, known for selling his video footage to local TV stations, was detained on August 11, 2018, while capturing footage of a severe two-car collision on the eastbound lanes of I-88 close to the Illinois Route 59 exit. Weaver mentioned post-trial that he was not obstructing emergency responders and was located on the opposite side of the median when apprehended by the trooper.
Although Topic acknowledged that the case could have raised potential First Amendment concerns, he stated that they managed to win based on simpler legal grounds, proving that the state had not substantiated the charges. "This case did not ultimately turn into a First Amendment issue, but we were ready to address it if necessary," Topic explained.
Despite the dismissal of the charges, the case has drawn attention due to its implications regarding press freedoms and journalists' rights to report on public incidents without facing legal consequences. Weaver's situation highlights ongoing debates over the balance between public safety and media access in emergency situations.