Articles on Eavesdropping

Applying Illinois’ eavesdropping law to government practice By Robert P. Osgood Government Lawyers, September 2018 Illinois’ current eavesdropping law makes it a crime to record a “private conversation” without the consent of all parties, with some exceptions.
Contempt, social media, and the First Amendment in the Marriage of Weddigen By Ashley D. DiFilippo Civil Practice and Procedure, November 2015 In In re the Marriage Weddigen, the court discusses what constitutes civil contempt, whether a purge order is constitutional, and how the first amendment affects a person’s activity on social media.
Eavesdropping in Illinois: An update By Matthew A. Kirsh Family Law, January 2015 A summary of the revisions to the Eavesdropping Statute contained in the new Illinois Eavesdropping Act as they pertain to family law.
Watch what you say: The Illinois Supreme Court strikes down a key part of the Eavesdropping Statute By Walter J. Zukowski & James S. Peters Education Law, October 2014 On March 20, 2014, in the case of People v. Clark, the Illinois Supreme Court struck down a key provision of the Illinois Eavesdropping statute that required two-party consent without reference to the intent of the parties.
Whose privacy is it anyway? Dissecting Clark and the ramifications for admitting eavesdropped evidence By Hon. Debra B. Walker & Alexandra Gecas Bench and Bar, August 2014 What evidence can still be considered private post-Clark, and if there is no protection, is everything admissible?
Illinois Eavesdropping Statute declared unconstitutional on First Amendment grounds By Matthew A. Kirsh Family Law, May 2014 In the wake of the People v. Clark case, the Illinois Legislature will have to amend the Eavesdropping Statute. All practitioners of family law should keep an eye out for the amended statute and be familiar with its contents.
1 comment (Most recent May 15, 2014)
Updating eavesdropping: ACLU v. Alvarez and potential legislation By Jordan M. Kielian & David J. Silverman Government Lawyers, October 2012 ACLU v. Alvarez changed the landscape of the eavesdropping law in Illinois. Prosecutors can no longer enforce the law against people who openly record police officers performing their duties in public.
Updating eavesdropping: ACLU v. Alvarez and potential legislation By Jordan M. Kielian & David J. Silverman Local Government Law, August 2012 ACLU v. Alvarez changed the landscape of the eavesdropping law in Illinois. Prosecutors can no longer enforce the law against people who openly record police officers performing their duties in public.
How does the Illinois Eavesdropping Statute apply in the educational setting? By Eric R. Waltmire Intellectual Property, May 2008 This article addresses how and when the Illinois Eavesdropping statute applies to recordings in the educational setting.
Important eavesdropping update By Celia G. Gamrath Young Lawyers Division, April 2001 In the last issue of the YLD Newsletter, we published an article titled "The Law on Eavesdropping."
The law of eavesdropping By Celia G. Gamrath Young Lawyers Division, November 2000 In the July 1999 issue of the Illinois Bar Journal,1 I published an article discussing the law of eavesdropping in Illinois.

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