Video Taping Police in Public Protected by First Amendment - Page 2

tony pasley · September 18, 2011, 09:35 PM

Straight video in public is legal but when audio is involved the person has to be told in advance by most state laws that is why most business post signs about taping. I have a sign on all 4 sides of my truck warning of video and audio taping in progress.

**Aguila Blanca** · September 18, 2011, 09:48 PM

Quote:

Originally Posted by Tony Pasley

Straight video in public is legal but when audio is involved the person has to be told in advance by most state laws that is why most business post signs about taping.

Can you provide a legal citation or three to support that statement? What you posted is NOT my understanding of the law regarding taping (or recording) in a public setting where there is legally no expectation of privacy.

Brian Pfleuger · September 18, 2011, 09:56 PM

Most states require at least the consent of one party involved in PRIVATE conversation, I'm not aware of any that preclude recording of public conversations. That wouldn't even make sense... It would be illegal to record your vacation to Niagra Falls without getting the consent of nearby vacationers.

brickeyee · September 19, 2011, 11:37 AM

Quote:

Most states require at least the consent of one party involved in PRIVATE conversation, I'm not aware of any that preclude recording of public conversations.

What you say in public that can be overheard is NOT usually protected.

Now, if someone needs to use a parabolic dish or shotgun microphone to pick up the conversation you might have a privacy argument.

Quote:

Quis Custodiet Ipsos Custodes?

Decimus Iunius Iuvenalis, Juvenal's Satires, 6.347-48

[who will watch the watchers]

KyJim · September 19, 2011, 05:53 PM

I cannot speak to the laws of 50 different states. Below are operative provisions of Kentucky's laws which I presume are not unique. I do know some states require consent of both parties. There is no explicit provision that it be "private."

Quote:

526.010 Definition.
The following definition applies in this chapter, unless the context otherwise requires:
"Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.

526.020 Eavesdropping.
(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(2) Eavesdropping is a Class D felony.

September 18, 2011, 09:35 PM	#26
tony pasley Senior Member Join Date: April 13, 2006 Location: western north carolina Posts: 1,641	Straight video in public is legal but when audio is involved the person has to be told in advance by most state laws that is why most business post signs about taping. I have a sign on all 4 sides of my truck warning of video and audio taping in progress. __________________ Every day Congress is in session we lose a little bit more of our Liberty.

September 18, 2011, 09:56 PM	#28
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	Most states require at least the consent of one party involved in PRIVATE conversation, I'm not aware of any that preclude recording of public conversations. That wouldn't even make sense... It would be illegal to record your vacation to Niagra Falls without getting the consent of nearby vacationers.