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Authors

Steven Helle

Document Type

Article

Media Type

Text

Abstract

The First Amendment information-gathering right has always been inferior to the long-established right to speak and publish. As such, the danger has been that a court concerned, for example, with prejudicial publicity could characterize the issue as gathering instead of publication”and apply a more relaxed standard. Indeed, the transparent concern in most gathering cases has been with the ultimate publication. When states defend statutes prohibiting recording without the consent of all parties to a conversation, the asserted privacy interests are generally not threatened by the physical act of recording, but by the disclosure of the content of the recording. Thus, when the State of Illinois attempted to defend its Eavesdropping Act, even when the recordings would be of police officers performing their duties in public, the Court of Appeals for the Seventh Circuit dismissed the privacy interests, conflated gathering and expression, and provided a roadmap for future courts to analyze such cases as direct threats to freedom of speech.

First Page

537

Last Page

562

Publication Date

6-1-2013

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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