AMERICAN CIVIL LIBERTIES UNION OF ILL. v. ALVAREZ

No. 11-1286.

679 F.3d 583 (2012)

AMERICAN CIVIL LIBERTIES UNION OF ILLINOIS, Plaintiff-Appellant, v. Anita ALVAREZ, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 2012.


Attorney(s) appearing for the Case

Richard J. O'Brien (argued), Attorney, Sidley Austin LLP, Chicago, IL, for Plaintiff-Appellant.

James C. Pullos (argued), Paul A. Castiglione , Attorneys, Office of the Cook County States Attorney, Chicago, IL, for Defendant-Appellee.

Lucy A. Dalglish , Attorney, Reporters Committee for Freedom of the Press, Arlington, VA, for Amicus Curiae.

Before POSNER, SYKES, and HAMILTON, Circuit Judges.


SYKES, Circuit Judge.

The Illinois eavesdropping statute makes it a felony to audio record "all or any part of any conversation" unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private. Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated to a class 1 felony—with a possible prison term of...

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