In a blow to Illinois sweeping eavesdropping law, a federal appeals court on Tuesday blocked its enforcement in cases where someone is recording a police officer at work.
It was a victory for activists who had feared that using smartphones or video cameras to record police responding to demonstrations during this months NATO summit in Chicago could land protesters and bloggers behind bars for years. Its also the most serious legal challenge to the measure – one of the strictest in the nation – and adds momentum to efforts by some state lawmakers to overhaul the legislation, whose constitutionality has been questioned.
The law, enacted in 1961, makes it a felony for someone to produce an audio recording of a conversation unless all parties agree. It sets a maximum punishment of 15 years in prison if a law enforcement officer is recorded.
In a separate decision late last month, the city of Chicagos chief legal officer said police did not intend to enforce the law during the May 20-21 summit, but Cook County States Attorney Anita Alvarez had not given similar assurances. Tuesdays temporary injunction put summit protesters in the clear.
“The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests,” the U.S. Court of Appeals for the Seventh Circuit said in its opinion. “As applied to the facts alleged here, it likely violates the First Amendments free speech and free-press guarantees.
“The ruling stemmed from a 2010 lawsuit brought by the American Civil Liberties Union seeking to block Alvarez from prosecuting ACLU staff for recording police officers performing their duties in public places, one of the groups long-standing monitoring missions.
via Court Strikes Blow To Illinois Eavesdropping Law.