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From an article on ChicagoTribune.com:
A DuPage County judge recently made a decision to drop charges against David Weaver, a freelance video journalist who was taken into custody while filming a car accident along Interstate 88 near Naperville. Following the presentation of evidence, including testimony from the Illinois State Police officer who arrested Weaver, Judge Joseph Bugos dismissed the misdemeanor charges during the middle of the bench trial.
Weaver's lawyer, Matthew Topic, pointed out that the prosecution had not met its burden of proof regarding the misdemeanor allegations of stopping in a roadway, improper walking on a roadway, and failing to yield to emergency vehicles. The judge concurred, ending the trial after the prosecution's case and dismissing these charges. Earlier, the judge had also dismissed a trespassing charge.
David Weaver, known for selling his videos 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 near the Illinois Route 59 exit. He mentioned post-trial that he wasn't obstructing emergency responders and was positioned on the opposite side of the median when the trooper arrested him.
Topic, an expert in free speech cases, stated that this situation could involve potential First Amendment concerns. However, he noted that they managed to win based on more fundamental grounds, proving that the state hadn't adequately demonstrated the legal elements of the statutes Weaver was accused of breaking.
"This didn't turn into a First Amendment case, though we were ready to pursue that route," Topic explained.
Although this case didn't ultimately hinge on constitutional rights, it highlights ongoing discussions about press freedoms and journalistic access during emergencies. As a freelance journalist, Weaver has faced challenges similar to those encountered by many reporters trying to document public events safely and legally.
The dismissal of the charges brings some relief to Weaver, but it also raises questions about how laws affecting journalists might need revisiting to ensure they don't inadvertently hinder legitimate reporting activities. This case serves as a reminder of the delicate balance between public safety and the importance of a free press in covering critical incidents.