From [HERE] The ACLU announced plans to launch an audio-video taping project, targeting Cook County (greater Chicago area) Illinois police officers performing their duties. Illinois is a two-party consent state, meaning that all parties to a conversation must consent to audio recording. Thus, unless the officers consented, audio-video recording would constitute an illegal wiretap. The ACLU launched a pre-emptive lawsuit against the Cook County prosecuting attorney, asking the court to block enforcement of the wiretap law in such circumstances.

A federal district judge ruled against the ACLU on legal standing grounds prior to trial. The Court of Appeals for the Seventh Circuit reversed, ordering that the ACLU was entitled to a preliminary injunction and a full trial. The appellate court held that the statute unconstitutionally restricts free speech.

By suggesting that there is a First Amendment right to video record police officers in the course of their duties, the Seventh Circuit joins a small number of courts around the nation that have ruled in favor of citizens suing police after officers interrupted video (or audio-video) recording.¹