Earlier this week, I pointed to some coverage questioning the legality of recording presidential candidate Mitt Romney’s comments at a private fund-raising event. Now there’s a more in-depth legal analysis of the issue by Jeffrey P. Hermes of Citizen Media Law Project that is well worth reading:
As will be discussed below, there are a patchwork of laws on this topic, but the ultimate determination will largely turn on two issues: (1) whether there was consent to the recording that would protect the individual who made the video against liability; and (2) whether there was a reasonable expectation of privacy in Romney’s remarks. Part One of this post will discuss the laws that might apply, and the question of consent. Part Two, which will be posted tomorrow, will discuss whether Romney (or anyone else) had a reasonable expectation of privacy in the remarks, and certain other relevant legal issues (such as protection that Mother Jones enjoys in such situations under the First Amendment).
Read Part One on CMLP.
“The Party is Over” by marsmet471/Flickr; used under CCL.