That's what I said Jim.
From the 7th Circuit opinion:
"The act of making an audio or audiovisual recording is necessarily included within the First Amendment’s guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording. The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, if the antecedent act of making the recording is wholly unprotected, as the State’s Attorney insists." Pages 23-24. http://www.aclu-il.org/wp-content/up...rez_ruling.pdf
It isn't strictly a freedom of the press issue. But I "get it" now.