Category Archives: Eavesdropping

Category Archives: Eavesdropping

United States Supreme Court refuses to consider Illinois eavesdropping statute, leaving in place Seventh Circuit’s questioning of its constitutionality

Today, the United States Supreme Court denied certiorari and refused to consider the constitutionality of Illinois’ controversial eavesdropping law, in 12-318, Anita Alvarez v. ACLU. This leaves in place the the United States Court of Appeals for the Seventh Circuit, in ACLU v. Alvarez, No. 11-1286, ruling that the Illinois eavesdropping statute restricts a medium […]

Federal Appellate Court Issues Preliminary Injunction Which Prohibits Enforcement of Controversial Illinois Eavesdropping Statute

Today, the United States Court of Appeals for the Seventh Circuit, in ACLU v. Alvarez, No. 11-1286, ruled the the Illinois eavesdropping statute restricts a medium of expression commonly used for the preservation of communication and ideas in a manner that triggers First Amendment scrutiny. The Court issued a preliminary injunction for the prosecution of […]

Amendment to Eavesdropping Statute Fails in Legislature

From time to time, I have written about the Illinois eavesdropping statute. It is against the law to tape police officers in the line of duty. At least two Illinois courts, in two separate counties including Cook, have ruled the statute to be unconstitutional. On March 21, 2012, House Bill 3944, which would allow such […]

Another ruling against the Illinois eavesdropping statute

I have frequently posted regarding Illinois’ stringent eavesdropping statute which criminalizes the videotaping of law enforcement officers exercising their duties. Today, Cook County Circuit Court Judge Stanley J. Sacks declared the statute to be unconstitutional. For more information, read the Chicago Sun-Times article at https://www.suntimes.com/11009784-417/judge-declares-state-eavesdropping-law-unconstitutional.html

Another challenge to the Illinois eavesdropping statute

Previously, I have described Illinois’ strict eavesdropping statute which prohibits the videotaping of law enforcement performing official duties. An amendment to the statute has been proposed in the legislature and a downstate judge has declared the statute unconstitutional. The American Civil Liberties Union has also challenged the statute in federal court but that suit has […]

Newspaper support for changing the Illinois eavesdropping statute

I have posted that Illinois’ eavesdropping statute makes it a felony to audio-tape police officers working in public. Legislation has been introduced to change the statute. Now, the legislation is garnering newspaper support in that the Chicago Sun-Times supports changes in the law. https://www.suntimes.com/opinions/9995701-474/editorial-time-to-allow-recordings-of-police-officers-at-work.html

Update of Illinois’ eavesdropping statute

I have posted regarding Illinois’ controversial eavesdropping statute. In Illinois, persons can be prosecuted for audio-taping a police officer engaged in official duties while in public if the officer does not consent to the taping. According to the Chicago Tribune, one state legislature has filled a bill to allow audio-taping. https://www.chicagotribune.com/news/local/ct-met-eavesdropping-bill-20120113,0,4634735.story

Audiotaping on-duty police officers in Illinois and the eavesdropping statute

Although it seems as if most persons carry cell phones capable of recording interactions with police, please be aware that s the non-consensual audiotaping of conversations with on-duty police is eavesdropping in Illinois, a Class1 felony. Under 720 ILCS 5/14-1, et. al. an eavesdropping device is defined as “any device capable of being used to […]

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