Illinois' Supreme Court
declared one of the nation's toughest
eavesdropping laws unconstitutional, saying
Thursday that the statute was so overly broad
that it would technically make the recording
of screaming fans at a football game a crime.
The ruling is a final and
decisive defeat for the Illinois Eavesdropping
Act, which had made it a felony for someone to
record conversations unless all parties
involved agreed. The 1961 law violates free
speech and due process protections, and is way
too broad in scope, the court decided in
unanimous decisions in two related cases
focused on audio recordings.
..."The burden is now on
the legislature to craft a statute that
actually serves the goal of protecting privacy
- and that does so without infringing on the
rights of citizens to keep public officials
honest," said Gabe Plotkin, a lawyer for
Annabel Melongo, a defendant in one of the two
cases.
Melongo spent nearly two
years in jail after being charged under the
statute for recording a Cook County court
official over the phone who she believed
wasn't carrying out her duties properly.