March 18, 2013
WAR ON PHOTOGRAPHY UPDATE: Illinois county to pay ACLU $600K after high court voids eavesdropping law. “In 2012, Illinois saw a rash of cases involving the Illinois Eavesdropping Act, which forbade making audio or visual recordings of people without explicit consent from everyone in the recording. In practice, the law made recording on-duty police officers a felony in the state. The prosecutions of citizens that ensued prompted the ACLU to challenge the state’s Eavesdropping Act, and it was eventually ruled unconstitutional on First Amendment grounds in the US Seventh Circuit Court of Appeals. In November 2012, the US Supreme Court denied a request from a Chicago-based prosecutor to review the Seventh Circuit’s decision, letting it stand.”
You have not only a First Amendment right, but a Due Process right to record the police.