> If you're in public, like in streets, in the mall etc. you don't have reasonable expectation of privacy. You can be recorded, with audio, and it's legal.
Just a note because I myself made the same argument very loudly 1-3 weeks ago...and was informed some states have different laws than I expected. Massachusetts, in particular.
(Note that MA limits clandestine recording, not the obvious recording in TFA blog about airsoft -- and it has been neither upheld nor overturned by SCOTUS)
https://www.dmlp.org/legal-guide/massachusetts-recording-law
>>> Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See Mass. Gen. Laws ch. 272, § 99. Accordingly, if you are operating in Massachusetts, you should always inform all parties to a telephone call or conversation that you are recording, unless it is absolutely clear to everyone involved that you are recording (i.e., the recording is not "secret"). Under Massachusetts's wiretapping law, if a party to a conversation is aware that you are recording and does not want to be recorded, it is up to that person to leave the conversation.
>>> This law applies to secret video recording when sound is captured. In a 2007 case, a political activist was convicted of violating the wiretapping statute by secretly recording video of a Boston University police sergeant during a political protest in 2006. The activist was shooting footage of the protest when police ordered him to stop and then arrested him for continuing to operate the camera while hiding it in his coat. As part of the sentencing, the court ordered the defendant to remove the footage from the Internet. From this case, it appears that you can violate the statute by secretly recording, even when you are in a public place.