Thursday, October 13, 2016
Is florida's two-party recording statute constitutional?
Apparently one of these true the vote type groups [update it's eric o'keefe's group] had a mole inside a florida clinton office [update: at a restaurant so public place most likely] and caught people destroying GOP voter registrations and making iffy comments.
update: the ripping up registrations was hypothetical and didnt happen.
So now there's an accusation that the recording was unlawful.
http://electionlawblog.org/?p=87463
Here's the statute:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html
The 7th circuit found an illinois statute unconstitutional as against cops. People v. Melongo, Docket No. 114852 (Ill. Mar. 20, 2014). Is there a first amendment free press right? is there a florida constitional free press right? I don't know. Off to google.
Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. -
Digital Media Law Project
http://www.dmlp.org/legal-guide/florida-recording-law
So offhand it looks like the statute doesn't even cover this.
Apparently one of these true the vote type groups [update it's eric o'keefe's group] had a mole inside a florida clinton office [update: at a restaurant so public place most likely] and caught people destroying GOP voter registrations and making iffy comments.
update: the ripping up registrations was hypothetical and didnt happen.
So now there's an accusation that the recording was unlawful.
http://electionlawblog.org/?p=87463
Here's the statute:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html
The 7th circuit found an illinois statute unconstitutional as against cops. People v. Melongo, Docket No. 114852 (Ill. Mar. 20, 2014). Is there a first amendment free press right? is there a florida constitional free press right? I don't know. Off to google.
Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. -
Digital Media Law Project
http://www.dmlp.org/legal-guide/florida-recording-law
So offhand it looks like the statute doesn't even cover this.
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