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and let me say that whether or not a state is "two party consent" i strongly and always have disagreed with two party consent laws as fundamentally opposed to individual freedoms, the search for truth, etc. i strongly disagree with two party consent laws.
but assuming arguendo that okeefe et al violated two party consent laws in baltimore, the distinction is obvious.
moore approaches people with the microphone clearly visible. iow, people who are talking to him are well aware they are being recorded. this falls under "implied consent". if you speak to somebody who has a microphone shoved in yer face, most courts (at least in my jurisdiction) will say that doesn't violate two party consent.
the people speaking to okeefe did not know their conversation with him was being recorded.
fwiw, my state has two party consent BUT imo okeefe wouldn't have violated it here, since the restriction is on recording "private conversation". a conversation between an acorn employee and a client on tax matters, etc. is a business related discussion, and thus not 'private' in the sense that OUR two party consent law references.
but i have no knowledge of baltimore's law.
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