Ban on recording without consent is unconstitutional, US court rules

Post by EricE » Thu, Jul 06, 2023, 2:04 AM UTC

gjsman-1000 wrote: post #15

GloomyBoots wrote: post #12

Earlier quoted context omitted.

Edit: I misread “legal” as “illegal” in the last sentence. Aren’t most states single-party consent? I know mine is, for which I’m grateful. I regularly record “private conversations” with state officials after having had incidents with them.

These are the states generally requiring the consent of all parties: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. 15 states. Everyone else is single-party consent.

Post by labster » Thu, Jul 06, 2023, 2:08 AM UTC

wahnfrieden wrote: post #19

vkou wrote: post #7

Earlier quoted context omitted.

> Does not being able to use violence any time you choose have a chilling effect on using it when it is legally justified? It can, as can literally any law when you're brushing up into the boundaries of a gray area. The principal question is: "Do we want to live in a society where violence is usually allowed?" - Definitely not. "Do we want to live in a society where recording people without their consent is usually a…

[flagged]

Post by abfan1127 » Thu, Jul 06, 2023, 2:11 AM UTC

jauntywundrkind wrote: post #20

gjsman-1000 wrote: post #9

Earlier quoted context omitted.

That already exists - it’s called a video camera on almost every public area. Recording in public areas, unless the owner prohibits it, is almost always legal. This primarily concerned individuals. Two people couldn’t meet and secretly record a conversation with the other without consent. Recording a private conversation you are personally involved in, without notification, is legal in almost all states.

You're conflating concerns. Random site, but from the section Is it legal to Record Audio on Security Cameras : > In most cases, it is not legal to record audio on security cameras unless all parties are aware that you may be recording audio. https://www.upcounsel.com/audio-surveillance-laws-by-state Notably most video cameras don't include audio. Because it's a legal liability & it's simply easier to prove your came…

Post by abfan1127 » Thu, Jul 06, 2023, 2:14 AM UTC

maxerickson wrote: post #4

gjsman-1000 wrote: post #2

Banning recording private conversations without consent by one of the conversation members was always weird to me because of the “chilling effect” it has in people’s minds about recording perfectly legal things, or potential criminal behavior. Do I really want to record that domestic incident for use in a divorce later? What if it backfires? Should I really record my boss saying that? What if there’s a 20% chance it…

Does not being able to use violence any time you choose have a chilling effect on using it when it is legally justified? What's the difference?

Post by duxup » Thu, Jul 06, 2023, 2:22 AM UTC