Illinois Wiretapping Law
In People v. Melongo, Docket No. 114852 (Ill. Mar. 20, 2014), the Supreme Court of Illinois held that Illinois' two-party eavesdropping statute, 720 Ill. Comp. Stat. 5/14-1, -2 (scroll down), was unconstitutional on its face. The statute made it a crime to use an "eavesdropping device" to overhear or record a phone call or conversation without the consent of all parties to the conversation, regardless of whether the parties had an expectation of privacy. The Court held that the recording provisions of the statute, as written, adversely affected the First Amendment rights of people making recordings in a substantial number of circumstances where there were no legitimate privacy interests. The Court further held that a provision of the statute prohibiting the disclosure of recordings likewise ran afoul of the First Amendment.
This does not mean, however, that recording of communications is now universally permitted in Illinois:
Recordings may still be subject to the "one-party" consent rule of the Federal wiretap act.
Communications reaching other states may be subject to the wiretapping laws of the remote state.
Secret recordings may still support an Illinois common-law claim for intrusion into the privacy of another. See, e.g., Narducci v. Village of Bellwood, 444 F. Supp. 2d 924, 938 (N.D. Ill. 2006).
Another Illinois statute, not necessarily affected by the decision in the Melongo case, makes it illegal to "videotape, photograph, or film" people without their consent in "a restroom, tanning bed, or tanning salon, locker room, changing room or hotel bedroom." 720 Ill. Comp. Stat. 5/26-4(a) (scroll down).
Consult The Reporters Committee for Freedom of the Press's Can We Tape?: Illinois for more information on Illinois wiretapping lawyer.