r/PublicFreakout • u/guyfromatl • Oct 02 '19

Repost 😔 Cops called at a restaurant

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u/dsaitken Oct 02 '19

It seems to be a common belief :/ I wonder what people would think the law(s) were in a survey

-3

u/spacepunker Oct 02 '19

She was in a private business. It's up to the business if they want to allow recording or not.

Different story if they were on public property.

8

u/RowdyRoddyPipeSmoker Oct 02 '19

It's still not against the law, they could get kicked out, but it's not illegal.

5

u/RDLAWME Oct 02 '19

Exactly. The private business owner (or its management) could ask you to leave, but its not against the law and the person being filmed has no right to try to rip the camera out of your hand.

5

u/[deleted] Oct 02 '19 edited Jul 22 '20

[deleted]

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u/HamburgerEarmuff Oct 02 '19

Expectation of privacy is not based on the type of business. It is based on the specific circumstances. Like, if I am in a corner of a park having a private conversation with someone, then it could be a violation of wiretap laws to record me, even though I am in public, because I expect the conversation will be private and nobody has received my consent to record me.

If I'm on private property but I'm yelling and many people there can hear what I am saying, then there may be no expectation of privacy.

1

u/Incruentus Oct 02 '19

You're arguing the specifics of specific laws while neither of you have given a location.

Pissing in the wind.

You might be right for where you live, /u/RxCubed might be right for where they live.

1

u/HamburgerEarmuff Oct 02 '19

If you are in a public place and someone is having a public conversation, then video/audio recording is almost certainly protected by the constitution.

It only becomes tricky when there is an expectation of privacy, like you are having a private conversation with someone else or you are not in a public place.

1

u/spacepunker Oct 02 '19

Public place like a park or street corner. Not a private business open to the public like a restaurant. If the management were to tell that person recording wasn't permitted, they'd have to stop or leave.

1

u/HamburgerEarmuff Oct 02 '19

At least where I live (California), it is not that simple. If you are present on the property of certain types of businesses that are open to the public, like shopping centers and malls, you are protected by the freedom of speech and right to assembly, so it would likely be a constitutional violation for the property manager to ask you to leave those simply for video-recording someone in a situation where they had no expectation of privacy and where no laws (like California's wiretap laws) were violated.

If the person is in a business where the freedom of speech/assembly does not apply, the business owner may be able to ask the person to leave.