A controversial Illinois law which makes it a Class 4 felony to make an audio recording of police officers without their consent, even when they are performing their official duties, was declared unconstitutional today by Cook County Judge Stanley Sachs. The judge found it was unconstitutional because it potentially criminalizes "wholly innocent conduct." The case involved an artist who was arrested for selling his art on the street in the Loop without a permit. He used a recording device in his pocket to record the police as he was being arrested. He was subsequently charged with violating the eavesdropping law because he recorded the police without their consent. If convicted the artist could have been facing 1 to 3 years in prison.
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