Yesterday, the ACLU of Illinois filed a new brief in our case, ACLU v. Alvarez, seeking to end prosecutions for recording public conversations with police. The brief, simultaneously arguing for a preliminary injunction and opposing the defendant's motion to dismiss the case, states:
The two motions before the Court--the ACLU's motion for a preliminary injunction and defendant's motion to dismiss--share a common question of law. That question is whether the ACLU has a First Amendment right to audio record, in a manner that is otherwise lawful, police officers engaged in their public duties in public places. The answer to that question is yes. Such audio recording are every bit as integral to freedom of expression as other forms of protected expression. Because no contrary compelling or even substantial state interest is served by the contested application of the statute, the Court should therefore find that the Illinois Eavesdropping Act (the "Act"), as applied to the ACLU's planned recording of police conduct, violates the First Amendment.