Adam Schwartz, an attorney for the ACLU of Illinois, spoke to CBS 2 about Chris Drew, the local street artist featured in the ACLU Insider's last post. Drew faces eavesdropping charges after tape recording his own arrest on Dec. 2 for selling art without a peddler's license in a prohibited selling area. The CBS 2 article said:
Illinois law requires consent of both parties to record a conversation. It's intended to protect privacy.
But ACLU attorney Adam Schwartz argues, the law wasn't meant to protect cops working in public.
"If you and I are standing on a corner, talking to each other, we can't expect that this is a private conversation. Anybody walking by can hear," said Schwartz. "So it makes no sense to prosecute a person in that circumstance for eavesdropping because we didn't expect that conversation to be private."