Independent reporting by Morgan Hale

Recording Laws in Illinois

Audio consent rule
All-party (two-party) consent
720 ILCS 5/14-2
Recording police in public
Explicitly protected by statute and circuit law
7th Circuit — ACLU v. Alvarez (7th Cir. 2012)

Illinois rewrote its eavesdropping statute in 2014 after ACLU v. Alvarez struck down the prior all-party statute as it applied to public conversations. Recording police in public is explicitly protected.

Watch-outs:
  • The current statute (Public Act 98-1142) still requires consent for private conversations.
  • Recording in a 'reasonable expectation of privacy' setting still requires all-party consent.

Practical guidance

  • Record openly. Hidden recording loses First Amendment protection in nearly every state — visible cameras and phones do not.
  • Stay at a reasonable distance. Officers can lawfully cite obstruction or interference statutes if they believe you are too close — the safest distance varies but 8–25 feet is the threshold in several recent state laws.
  • Stay on public property (sidewalks, streets, parks). Trespass laws apply even when recording is otherwise protected.
  • Do not interfere — comply with lawful orders unrelated to the recording itself.
  • Save and back up footage off-device as soon as practical (cloud upload, hand-off to a witness).

If your right to record is challenged

  1. State calmly: "I am recording in a public place. I am not interfering."
  2. Cite the relevant authority. For Illinois, that is ACLU v. Alvarez (7th Cir. 2012).
  3. If detained, ask whether you are free to leave and what you are being detained for.
  4. Request a supervisor.
  5. Submit a complaint and file a FOIA request afterward — see our FOIA letter generator.

Sources & further reading

Disclaimer: This page is a reference for journalists and the public. It is not legal advice. State statutes and Circuit interpretations change. Consult a licensed attorney before relying on any rule in a specific case.

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