I think there is a clause that if you are 'reasonably' within ear shot you can record it without any consent. For instance, sitting at the next table or booth etc. Key word is reasonably.
This business will get out of control. It will get out of control and we'll be lucky to live through it. -Rear Admiral (Lower Half) Joshua Painter Played by Senator Fred Thompson
September 04, 2018, 07:31 AM
sigfreund
quote:
Originally posted by redstone: I think there is a clause that if you are 'reasonably' within ear shot you can record it without any consent.
I would be curious to know where that clause appears because I’ve never heard of such a thing. Is there a clause in theft statutes that says it’s okay to take someone else’s property if they don’t secure it properly?
I suppose there might be such a provision in some states’ laws, but as I say, it’s not an element of any statute I was ever familiar with. In the case of Trump’s infamous “pussy” comment, I imagine it would be argued that he made it to everyone within earshot rather than as a private utterance, but if two people are sitting at a table talking to each other only, people who may be in the vicinity clearly are not parties to the conversation.
And as I also admit, I have not kept up with the law in this area, so if anyone is an actual authority, I would be curious about their opinions.
► 6.0/94.0
I can tell at sight a Chassepot rifle from a javelin.
September 04, 2018, 08:15 AM
redstone
I am at work so I cant look it up, but it came up a few years ago when I looked into private investigator law. Essentially if they are talking within earshot you can record it. However that word reasonable kicks in. You cant walk up to a house and record what is going on. That is not a reasonable behavior. But if they are screaming at each other so loud it can be heard from the sidewalk (and recorded) that would be reaonable. Sitting within earshot at a restaurant is also reasonable.
The trick is was she allowed to record at all? I doubt seriously she was not in violation. If she is in violation it doesn't hold to the reasonableness metric and I dont think it even applies then.
This business will get out of control. It will get out of control and we'll be lucky to live through it. -Rear Admiral (Lower Half) Joshua Painter Played by Senator Fred Thompson
§ 23–542. Interception, disclosure, and use of wire or oral communications prohibited. (a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia —
(1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication;
(2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication; or
(3) willfully uses or endeavors to use the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire or oral communication;
shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both; except that paragraphs (2) and (3) of this subsection shall not apply to the contents of any wire or oral communication, or evidence derived therefrom, that has become common knowledge or public information.
(b) It shall not be unlawful under this section for —
(1) an operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication, in the normal course of his employment while engaged in any activity which is a necessary incident to the rendering of his service or to the protection of the rights or property of the carrier of such communication, or to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, under this subchapter, is authorized to intercept a wire or oral communication, but no communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks;
(2) a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception; or
(3) a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States, any State, or the District of Columbia, or for the purpose of committing any other injurious act.
I think they know this would be a huge mistake and that CEO would soon find himself being shown the door if he actually shut Trump down:
I'm sure he fantasizes about it quite a bit though.
quote:
Twitter said Tuesday that not even President Donald Trump is immune from being kicked off the platform if his tweets cross a line with abusive behavior.
The social media company's rules against vitriolic tweets offer leeway for world leaders whose statements are newsworthy, but that "is not a blanket exception for the president or anyone else," Twitter legal and policy chief Vijaya Gadde told POLITICO in an interview alongside CEO Jack Dorsey.
Trump regularly uses Twitter to heap abuse on his perceived enemies and at times raise the specter of violence, such as when he tweeted last year that if North Korean leaders continued with their rhetoric at the time, "they won’t be around much longer!” Critics say the tweets violate Twitter’s terms of service and warrant punitive action.
Dorsey, who's due to testify before two congressional committees Wednesday about his company's content practices, said he receives notifications on his phone for Trump's Twitter account. But asked if he would weigh in personally to remove Trump from the platform, he declined to get into specifics…
Originally posted by PASig: Twitter says Trump not immune from getting kicked off
He's using their platform, they're not using his, so, it's their rules. They have no obligation to provide anyone a venue.
That said, you have it right when you say:
quote:
I think they know this would be a huge mistake and that CEO would soon find himself being shown the door if he actually shut Trump down
Making an enemy of a sitting President is not generally considered good PR for a company headquartered in the US.
September 05, 2018, 07:05 AM
Cliff
Joey D 9/4/18
Description
INTERVIEW - JOE DIGENOVA - legal analyst and former US Attorney to the District of Columbia
Supreme Court nominee Brett Kavanaugh's confirmation hearings begin Tuesday. WASHINGTON — For eight weeks since President Donald Trump nominated him for the swing seat on the Supreme Court, Brett Kavanaugh's judicial record and legal philosophy has gotten lost amid disputes over his partisan past and withheld documents. But when the Senate Judiciary Committee holds four days of hearings this week, those controversies probably will take a back seat to issues affecting millions of Americans: Abortion. Guns. Health care. And, inevitably, the president himself.
"All great things are simple, and many can be expressed in single words: freedom, justice, honor, duty, mercy, hope."
--Sir Winston Churchill
"The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."
--James Earl Jones
September 05, 2018, 07:48 AM
Leemur
Have any right wing protesters ever disrupted a dem nominated SCOTUS confirmation?
September 05, 2018, 03:38 PM
medic451
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them." - John Wayne in "The Shootist"
September 05, 2018, 04:07 PM
ersatzknarf
^^^^^^^
Now, that is AWESOME ! ! !
Love *OUR* President
September 05, 2018, 04:22 PM
Ryanp225
quote:
Originally posted by Leemur: Have any right wing protesters ever disrupted a dem nominated SCOTUS confirmation?
Hopefully there will never again be a dem nominee to find out.
September 05, 2018, 04:48 PM
flashguy
quote:
Originally posted by Leemur: Have any right wing protesters ever disrupted a dem nominated SCOTUS confirmation?
Not in my memory.
The person in charge of those proceedings should made an announcement at the beginning of each session that order will be maintained in the chamber--no shouting or disruption will be permitted. Violators will be unceremoniously ejected from the room (forcibly, if necessary). And a squad of burly police would be on hand to deal with them. At the first yell, two or more cops would descend upon the shouter and force him/her outside. They can have their "free speech" rights--just not in that chamber. Although the First Amendment guarantees the right of free speech, it does NOT mean that the speaker has to be given a specific place to do so.
flaahguy
Texan by choice, not accident of birth
September 05, 2018, 04:57 PM
Balzé Halzé
quote:
Originally posted by flashguy:
quote:
Originally posted by Leemur: Have any right wing protesters ever disrupted a dem nominated SCOTUS confirmation?
Not in my memory.
And certainly not dressed as a giant penis.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
September 05, 2018, 05:15 PM
medic451
quote:
Originally posted by Balzé Halzé:
quote:
Originally posted by flashguy:
quote:
Originally posted by Leemur: Have any right wing protesters ever disrupted a dem nominated SCOTUS confirmation?
Not in my memory.
And certainly not dressed as a giant penis.
Why would he dress up like Chuck Schumer?
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them." - John Wayne in "The Shootist"
September 05, 2018, 06:02 PM
justjoe
I'm disappointed in Drudge lately. I don't expect him to be a mouthpiece for the right, or something like that, but I also don't expect him to disseminate crap-- just for the sake of catchy headlines-- as if it is journalism.
This week, he has done that with Woodward's book, making it sound like something really significant. Just from reviews and excerpts I've read, it is-- objectively speaking-- a compendium of anonymous stories and rumors meant to make Trump look like a moron. It is worthless as journalism. And Woodward is a has-been riding the dead horse of Watergate-- treated by Drudge as if he is an oracle.
Now his headline is that there is a saboteur in the White House-- based on an anonymous op-ed in the NYT. Catchy headline based on screamingly fake news.
"You get much farther with a kind word and a gun than with a kind word alone."
September 05, 2018, 06:05 PM
parabellum
quote:
Originally posted by justjoe: Now his headline is that there is a saboteur in the White House-- based on an anonymous op-ed in the NYT. Catchy headline based on screamingly fake news.
That's why I deleted this article from the forum twice today.
And we're not discussing it. This is all that's gonna be said about it, because it's horse shit and nothing more.
Don't quote me and don't refer to me remarks. Let's move on, 'cause I'm not buyin' it.
"I am your retribution." - Donald Trump, speech at CPAC, March 4, 2023
September 05, 2018, 09:37 PM
Deqlyn
Drudge and all news outlets live or die by clicking. Breitbart does it too. Just a way of life. Slowly putting themselves out of business by manipulating us.
Have to remember there are two sides to getting a click. One where the anti trumpers hope hes going down and one where the pro trumpers think hell be impeached.
Ive been using real clear politics which aggregates both articles from each side. It helps understand what is going on plus you can see the 4am drops with all the same titles.
What man is a man that does not make the world better. -Balian of Ibelin
Only boring people get bored. - Ruth Burke
September 05, 2018, 09:47 PM
PR64
Hillary is not President
Kavanaugh is going to be on the SCOTUS.
All in all I would say it's a good day!
MAGA KAG!
----------------------------------- Get your guns b4 the Dems take them away Sig P-229 Sig P-220 Combat
September 06, 2018, 05:28 AM
Deqlyn
quote:
Originally posted by PR64: Hillary is not President
Kavanaugh is going to be on the SCOTUS.
All in all I would say it's a good day!
MAGA KAG!
Yes. Did you see the lindsey graham questioning? Seems she might be going to jail too. Is that normally a question they ask someone??
What man is a man that does not make the world better. -Balian of Ibelin
Only boring people get bored. - Ruth Burke
September 06, 2018, 10:32 PM
lkdr1989
Posting this because the commentary is hilarious
So during President Trump's rally in Billings, MT:
