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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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