Lori G. Levin Criminal Law Blog on Lawyers.com

Federal Appellate Court Issues Preliminary Injunction Against Enforcement of Illinois Eavesdropping Statute

Tuesday, May 8, 2012 by Lori G. Levin

Photo of Lori G. Levin
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 720 ILCS 5/14-2(a)(1) where persons
audiotape the performance of police officers performing their duties in
public. The Court stated that Illinois has criminalized the
non-consensual recording of public officials doing the public's business in public regardless of whether the recording is open or hidden. 

    As previously posted in this blog, the statute
has been controversial, with more than one lower state circuit court
judge ruling against its constitutionality.  The Seventh Circuit's
ruling does more than that in that it preliminarily prohibits
enforcement of the statute.

Lori G. Levin is an experienced Illinois litigator whose practices focuses mainly on criminal justice, juvenile and mental health issues.

Lori G. Levin

Attorney at Law

180 N. LaSalle, Suite 3700

Chicago, IL 60601

312-972-3756

levin@lorilevinlaw.com

www.lorilevinlaw.com

 
Posted at 19:02 PM
Topic: Criminal Law
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