Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Friday, February 8, 2019

District Court Finds Massachusetts Statute Prohibiting Secret Recording of Government Officials Violates First Amendment @M_Lambert4612

A federal district court has ruled that the Massachusetts statute criminalizing secret recordings of non-consenting persons as it applies to public officials violates the First Amendment. "Consistent with the language of Glik, the Court holds that Section 99 may not constitutionally prohibit the secret audio
recording of government officials, including law enforcement officials, performing their duties in public spaces, subject to reasonable time, manner, and place restrictions. " Here's a link to the ruling  (Martin and Perez v. Gross).

Here's discussion of the ruling, from Michael Lambert of Prince, Lobel.

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