People v. Clark

Pro se defendant in child support proceedings was indicted for using eavesdropping device to record conversation with his wife’s attorney, without her consent, in courthouse hallway, and also conversation in courtroom with wife’s attorney and judge, without their knowledge or consent. Eavesdropping statute is unconstitutional, as its blanket ban on audio recordings is overly broad as it criminalizes much wholly innocent conduct, in relation to purpose and legitimate scope of statute, as it prohibits recording in absence of consent of all parties. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)