Excerpts from the Chicago Tribune:
A DuPage County judge dropped all charges against a freelance video journalist who was arrested while filming a collision on Interstate 88 near Naperville. On Thursday, Judge Joseph Bugos dismissed the misdemeanor charges during the middle of David Weaver’s bench trial, following testimony from an Illinois State Police trooper who had detained him.
Weaver, a videographer based in Sugar Grove, was accused of several traffic violations, including improper walking on a roadway, failure to yield to emergency vehicles, and stopping in the road. His attorney, Matthew Topic, argued that the prosecution hadn’t met its legal burden to prove these charges. The judge agreed and halted the trial after the prosecution’s case, dismissing the charges. A prior ruling had already thrown out a trespassing charge against Weaver.
Weaver, who regularly films for local TV stations, was arrested on August 11, 2018, while capturing footage of a fiery two-vehicle crash on eastbound I-88 near the Illinois Route 59 ramp. He later said he wasn’t interfering with emergency responders and was on the opposite side of the median when the trooper approached him.
Topic, an expert in free speech law, suggested the case could have raised First Amendment concerns. However, he emphasized that they won the case on more straightforward legal grounds — the state couldn’t prove the necessary elements of the charges against Weaver.
"This didn't end up being a First Amendment issue, but we were ready to take it there," Topic said. "We focused on the facts and the law, and the court agreed with us."
The case has sparked discussions about the rights of journalists and their ability to report on public incidents without facing legal repercussions. Many in the media community are watching closely, as this outcome may set a precedent for similar situations in the future.
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