Excerpts from ChicagoTribune.com:
A DuPage County judge dropped charges against a freelance video journalist who was arrested while filming a crash on Interstate 88 near Naperville. On Thursday, Judge Joseph Bugos dismissed the misdemeanor charges during the middle of Weaver’s bench trial, after hearing testimony from the Illinois State Police trooper who detained him.
David Weaver, a video journalist from Sugar Grove, was charged with violating traffic laws, including stopping in the roadway, walking improperly, and failing to yield to emergency vehicles. His attorney, Matthew Topic, argued that the prosecution had not met the legal burden required for these charges. The judge agreed, halting the trial early and dismissing the counts. A previous ruling had already thrown out a trespassing charge against Weaver.
Weaver, who regularly films content for local TV stations, was arrested on August 11, 2018, while capturing footage of a fiery two-car collision on eastbound I-88 near the Illinois Route 59 ramp. He claimed he was not obstructing emergency crews and was on the opposite side of the median when the trooper approached him.
Topic, an expert in free speech law, noted that the case could have raised First Amendment concerns. However, they chose to focus on more straightforward legal arguments, showing that the state had failed to prove the necessary elements of the charges.
"This didn’t end up being a First Amendment case, but we were ready to take it there if needed," Topic said after the trial. "We focused on the facts and the law, and the judge saw that the state hadn’t met its burden."
The dismissal highlights the ongoing debate over journalists’ rights to report on public incidents, especially in high-traffic areas. While Weaver was cleared of the charges, the incident underscores the delicate balance between public safety and freedom of the press.
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