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highplainsdem

(48,975 posts)
Wed Sep 19, 2012, 10:52 AM Sep 2012

Florida Official: No Complaints Over Secret Romney Taping

This story is a little over 12 hours old, so I'm posting it here rather than in LBN. Thought it would interest those people who are wondering if the person who taped the Romney fundraiser might be in legal trouble.

http://blogs.wsj.com/washwire/2012/09/18/florida-official-no-complaints-over-secret-romney-taping/

Florida authorities aren’t investigating whether the person who taped Mitt Romney speaking at a Boca Raton fundraiser broke any laws because no victim has complained, said Paul Zacks, the chief assistant state attorney for Palm Beach County.

Florida law requires that anyone taping oral conversations get the permission of everyone involved. It’s clear that the source of the video made public this week didn’t do so.

But that doesn’t necessarily mean the recording was made illegally, Mr. Zacks said. Courts have ruled that taping without consent is legal is the people being recorded don’t have a “reasonable expectation of privacy.”

-snip-

“There’s quite an extensive legal analysis that takes place,” before deciding whether to bring charges, Mr. Zacks said. First, though, a victim needs to come forward.

“In the case where an allegation is of an illegal taping, the interest of the victim is paramount and we haven’t heard from them,” he said.

-snip-
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graham4anything

(11,464 posts)
1. it appears it will be ruled not enough time in 2012 but might be for the future
Wed Sep 19, 2012, 10:59 AM
Sep 2012

however, that assumes they listen to the court

If you remember, SCOTUS in 2000 first ruled that fateful evening of 12/12/2000 that 5 to 4 it goes back to Florida for final ruling (in which case Gore would have prevailed)
HOWEVER the second ruling in the same case said
f--k you Al Gore, your time is over, too bad ha ha ha ha

so it will depend

However2-I believe the total number of votes that might have problems will NOT cause Obama to lose in PA anyhow, so he will win PA either way.

monmouth

(21,078 posts)
2. First they would have to find out who taped them. It could have been anyone not even involved
Wed Sep 19, 2012, 11:04 AM
Sep 2012

with the party. Bet that's going to be difficult and they would look petty and small if the attempt it.

flamingdem

(39,313 posts)
3. It might fall under "Fair Use" because it was supposedly
Wed Sep 19, 2012, 11:05 AM
Sep 2012

not done for commercial purposes. News is exempt in many cases and Mitt Romney is a public figure.

CitizenPatriot

(3,783 posts)
4. During Occupy's scuffles with police over recordings
Wed Sep 19, 2012, 11:44 AM
Sep 2012

some courts ruled that recordings were a first amendment right. I wonder if that applies here.

Romney was a member of government and it could be argued is right now a political figure of authority, in which case he could appear to be suppressing free speech if he went after the person, given his public figure/govt status.

Tommy_Carcetti

(43,181 posts)
5. When someone is trying to raise funds to be President of the United States....
Wed Sep 19, 2012, 12:22 PM
Sep 2012

....I can't see how he can in any way expect to have a reasonable expectation of privacy.

NYC Liberal

(20,135 posts)
6. I wonder if the Romney campaign will be dumb enough to complain.
Wed Sep 19, 2012, 12:28 PM
Sep 2012

To try to get the person who recorded what he said arrested or charged with something would be unfathomably stupid.

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