Ill. eavesdropping
1:55 pm
Fri March 2, 2012

Ill. court strikes down eavesdropping rule

Updated at 1:55 to correct spelling of judge's name.

A second judge in Illinois has struck down a state law that requires all parties to consent before a conversation can be recorded.

The law in question makes it a felony to record without everyone's permission. Even recording public officials in public places can be illegal.

Cook County Judge Stanley Sacks ruled today that the law was unconstitutional because it could criminalize "wholly innocent conduct."

The Cook County case involves the 2009 arrest of artist Christopher Drew for selling his work without a permit. Police charged him with illegal eavesdropping after learning he was recording the arrest.

A judge in Crawford County also ruled against the law in September. The state has appealed that ruling.