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Secret Romney Videos May Violate Florida’s Privacy Laws

Sep. 19, 2012 6:53am Jason Howerton

A number of undercover videos showing GOP presidential nominee Mitt Romney talking candidly at a private fundraiser have been making headlines this week. The event was held in the home of Marc Leder in Boca Raton, Fla. Florida is classified a two party consent state, meaning it is illegal to intercept or record a “wire, oral, or electronic communication” unless all parties express consent.

Assuming that Romney did not consent to being recorded, which certainly doesn’t appear to be the case, it may be reasonable to ask, are the video recordings in violation of the law?

The Media Research Center points out there are certain exceptions within the Florida law, including instances when parties do not have a reasonable expectation to privacy in a conversation, such as at a public event. However, the circumstances are muddied due to the fact that the event was classified as a private event at a private residence.

Citizen Media Law Project provides more context on Florida wiretapping laws:

Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. However, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.

Futher, the Florida Bar says state law provides the “highest protection from the courts” to citizens’ private residences.

Here’s what the law says, according to the Florida Bar:

Taking photographs of a person or his property in a private place may be an invasion of privacy. Tape recording a person without his consent may invite damage awards, and, in Florida, also constitutes a crime. Sec. 934.03(2)(d), Fla. Stat. (1995).

[...]

The federal court decisions in Pearson v. Dodd, 410 F.2d 701 (D.C. Cir. 1969) and Dietemann v. Time, Inc., 449 F.2d 245 (9th Cir. 1971) arguably have established a federal right of privacy paralleling state privacy torts but distinct from the federal constitutional privacy right emanating from the fundamental choice concept. See, e.g., Roe v. Wade, 410 U.S. 113 (1973); Griswold v. Connecticut, 381 U.S. 479 (1965). Under this theory, the newsgatherer is liable when he invades a “sphere of privacy” — such as a person’s home as in Dietemann — which the person reasonably believes to be off limits to the news media.

Secret Mitt Romney Videos May Violate Floridas Privacy Laws

Mitt Romney (AP)

It appears the question that would have to be answered is whether the so-called “newsgatherer” invaded the “sphere of privacy” at the private event in Leder’s home and whether the person who recorded the event understood it to be off limits to the so-called news gathering. It should be noted that the person who recorded the video did so secretly, leading one to believe that video recording was not allowed, though that has not been confirmed.

Messages left with the Romney campaign were not immediately returned to TheBlaze.

The courts would also have to determine whether they would treat Leder’s home as a private residence even though it was being used for a fundraising event.

MRC also poses a number of interesting questions, such as “did [the homeowner] say cameras were off limits?” And “If cameras were allowed, why is the camera hidden?” But perhaps the most important question might be, even if charges could be filed in this instance, should they be?

The individual who filmed the undercover videos of Romney at the fundraiser has not been identified.

In one of his most criticized comments from the video, Mitt Romney said 47 percent of Americans will vote for Obama because they believe in entitlement programs.

Earlier today, Romney doubled down on his statements on Neil Cavuto’s show on Fox News:

I’m talking about a perspective of individuals who I’m not likely to get to support me. I recognize that those people who are not paying income tax are going to say, ‘Gosh, this provision that Mitt keeps talking about lowering income taxes,’ that’s not going to be attractive to them. And those that are dependent on government and those that think government’s job is redistribute — I’m not going to get them.

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Comments (30)

zappadogg
Posted on September 19, 2012 at 4:10pm
all of you are just crazy hayseeds. and according to statistics you are more likely to fall in that 47% Mitt speaks of. Obama 2012

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paperpushermj
Posted on September 19, 2012 at 2:04pm
Politics is a style of Warfare. It seems an enemy agent infiltrated a private event with the expressed interest in acquiring embarrassing information to be used in this Political battle. According to the laws in Florida this infiltration and recording where /are against its laws. Someone needs to find who the Agent is and bring charges.

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NashVegasRocker
Posted on September 19, 2012 at 1:51pm
Prosecute the perp. Either the law is the law or just strike it from the books. If it would appeal to me or anyone else then it should appeal to this guy no matter if he’s a grandson of a former president or Senator or whomever.

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landman1
Posted on September 19, 2012 at 11:33am
David Corn, you know, the guy with no lips that always looking for his shot of fame while participating with the other “lispers” on MSNBC. Have you ever wondered where all these men come from on MSNBC that have a lisp? It’s like a club or something. There’s at least five different guys all with this tongue curling, teeth whistling, slobber spraying lisp. There’s got to be a conscience effort to round up that many afflicted by this phenomenon to showcase on MSNBC. Corn, to his credit, is not the worst but he is right up there. His arrogance in continuing to play “gotcha” for the POTUS is blatant and his lopsided “reporting” is always the same. Discredit the Repubs and shill for Obama. This time he really thinks he has hit a homer with this hidden Jimmy Carter secret video. His attempt to smile with no lips is gross to look at and I’m afraid it’s going to backfire. Guess what Corn? Romney is finally on to something here. All, and I mean all of the folks that think like me are damned excited about this speech of Romney’s. The truth can’t be defeated. He’s dead right. And he’s going to hand all you lefties your collective azzes in November, including Mr. Obama.

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azcowboy1
Posted on September 19, 2012 at 11:06am
if Odumbass wins. If ya can’t beat the idiots join them. Think about it. If we the makers all become takers Ofuc#ups goverment fails. He will declare that all people will work where they are assigned and live where directed at a wage he’ll set. Sounds like the old USSR to me.

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abbygirl1994
Posted on September 19, 2012 at 11:00am
Please FL press charges against this idiot… stand up for what is right! All he is is a left wing liberal trying to spread lies!! Are you proud of your grandson Mr. Carter??? He probably is! I find it disgusting that these people take a conversation, turn it around, twist it and then get all the numbnuts in this country to believe what they concocted!

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Eric_The_Red_State
Posted on September 19, 2012 at 10:53am
Blaze – I often wonder who’s side you are on.

You post “Is Romney Weak??” posts all the time.
You post “SECRET Romney Tapes” — as if Romney was doing something bad.

Get with the program – or just stick to your “Here’s what Britnie Spears had for lunch today” stories

I’m surprised Glenn Beck (who I admire) has anything to do with this site.
Seriously –

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wjbtms
Posted on September 19, 2012 at 10:24am
It appears that the waiters are getting drinks from that location, so it would appear that the bartender is the person who videoed the session…..If you take the time to listen to the video, it is a great ad for who Romney really is and what he plans to do for this country…. I enjoyed listening to what he had to say and agreed with his approach.

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Delores at CH WV
Posted on September 19, 2012 at 10:23am
Surely, the Hotel is responsible for this conference room and should be held liable for this privacy that Dems used to get this tape. This tape is only the truth; Dems need something to get people from finding out about the US Embassy Attack in Libya.

Is this the same as the break in at the Watergate Hotel? Afterall, the Dems are people that released this secret recording……..It is time for the RNC to complain to the Election Officials about this breach of the RNC meetings. Is President Carter connected to this breach of the RNC meetings?

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Gonzo
Posted on September 19, 2012 at 9:03am
Blaze, they are not secret and they are not controversial (unless you are a ward of the state). Quit following the MSM lead.

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- Eric_The_Red_State
  Posted on September 19, 2012 at 10:49am
  Amen to that.
  
  Pretending “SHOCK” at the “SECRET” recordings supposes that it was not meant to be heard.
  
  I think it’s meant to be SHOUTED FROM THE ROOFTOPS.
  
  47% of the USA is dependant on GOVERNMENT — that is —– INSANE!!!!!!!
  
  “There can be no liberty unless there is economic liberty.
  No-one would remember the Good Samaritan if he’d only had good intentions; he had money as well.
  Pennies do not fall from heaven… they have to be earned here on earth”
  (Margaret Thatcher)
  
  Report this comment
- BODYBAG
  Posted on September 19, 2012 at 6:03pm
  @GONZO
  
  Gotta admit though it would be side-splitting to see David Corn & Jimmy Carter Jr
  arrested and perp-walked. Corn sits on camera with Chrissy Matthews with such
  self-righteous smugness.
  
  Report this comment
watashbuddyfriend
Posted on September 19, 2012 at 8:30am
Mitt, gotta remember, the Truth hurts the Liberals!

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- jdtanker
  Posted on September 19, 2012 at 8:45am
  Obama probably uses the CIA to bug and tape Romney’s every move.
  
  Report this comment
- jdtanker
  Posted on September 19, 2012 at 8:49am
  The waiters must be in on it or the camera is really small. They walk by it many times.
  
  Report this comment
- kpeters59
  Posted on September 19, 2012 at 9:49am
  JD…It appears to me it must be in a purse or similar. I assumed it was just like those used in many TV “under cover investigations”. I also assume that they’re not free…
  
  Report this comment
DoGooder
Posted on September 19, 2012 at 8:27am
Go Romney and I hope the media keeps talking about this, its the truth and they are so blind that they think this is a negative…Speak the truth Mitt and Paul

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barber2
Posted on September 19, 2012 at 7:40am
The Obama Democrats, schooled in the Alinsky methods of their political ” Bible” Rules For RADICALS ( this is not your grandfather’s Democrat Party ! ), will use their Lap Dog Media to twist and to trash anything a conservative says . That is what they learned. That is what they do. We are sick of the tactics . We are sick of them. Time to send Big Brother, his czars , anti-capitalistic regulations, class division , open borders, religious intolerance, MIC checks, OWS affiliates, deficit exploding spending and his intimation packing. NOBAMA 2012 NO DEMOCRATS 2012

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barber2
Posted on September 19, 2012 at 7:29am
With every passing day. With every sleazy , thug action. With every Zimmerman-styled tsunami of biased “news” coverage. With every MIC check . With every glitter bombing and OWS Occupation. With every assault on our taxpayer funds. With every deficit exploding bit of legislation. With every corporation / jobs injuring regulation . With every demonizing of traditional American values With every Lefty Lap Dog media hammering on conservative free speech and assembly, I grow to distain the Far Left even more. Their jack-booted un- American behavior and their Occupation of the White House, Congress and the courts is the CHANGE I HOPE and pray that we will see in November.

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- Augydoggy
  Posted on September 19, 2012 at 7:51am
  Well put.. Thank you my feelings exactly.
  
  Report this comment
TJexcite
Posted on September 19, 2012 at 7:27am
The MSM would not care if someone broke in to the IRS central offices and got the hard copy forms of Mitt Romney’s taxes. They will report them as if they got handed from the campaign in a perfectly legal manor. Even if they got them only because someone committed several felonies to get them that would not even be a mention on the 23000 word report.

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Leadthemtothelight
Posted on September 19, 2012 at 7:25am
Romney needs to shout these remarks from the hill tops. It is the truth. The more that Romney shows he has a spine the better. I just hope and pray that the makers outnumber the takers in this election year.

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barber2
Posted on September 19, 2012 at 7:21am
This type of behavior is just another example of the intimidation tactics of the Far Left MIC check crowd. The Guy Fawkes version the Bull-horns in bankers’ front yards : one interferes with the privacy and safety of the old ” ones’ castle” idea; as this one hides in the bushes when you are talking to your neighbor. KGB tactics to stifle one’s freedom of speech . The Lefty Lap Dog Media got another LEAKED bone like the Osama incident. Putin must be envious as he seems to face more opposition than his political soul-mate, Mr , ” Future Flexible ” Obama

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MindnHeart
Posted on September 19, 2012 at 7:20am
Yes!! People are looking for something– they can hurt Mitt with but they can’t find any. Romney is an honest man. There is really nothing evil on what he said. He told the truth and the people know that. However, the perpetuator who invaded the rights of homeowner’s privacy need to be questioned.

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HOOT_OWL
Posted on September 19, 2012 at 7:18am
I wouldn’t go after this dangling carrot if I was Romney.
The liberal media would beat him up on it and paint him
as a thug trying to suppress the story.

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Snowleopard {gallery of cat folks}
Posted on September 19, 2012 at 7:13am
Romney is telling the facts as they need to be told; and in the matter of the law potentially being violated, what else is new with the Leftist Media and their growing desperation.

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shirelover
Posted on September 19, 2012 at 7:02am
I am one of those who are at the bottom of the income barrel due to the economy, do I think Mr. Romney does not care about me? No, I understand that he is stating a fact, the people who are not paying taxes right now are not worried about having to pay taxes in the future. We have worked very hard at NOT being on the dole and will continue to do so. You bet we will vote for Mr. Romney, he’s not a perfect man or candidate but I think he is the best option.

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- ComingUnglued
  Posted on September 19, 2012 at 7:07am
  I agree. People are so quick to jump on every word the guy says. A little context people. The whole meaning changes when you hear the entire speak. Keep putting the truth out Blaze.
  
  Report this comment
- TxJewelya
  Posted on September 19, 2012 at 7:48am
  I’m in the same boat as you shirelover….My husband and I struggle to make ends meet every month. Yet we are responsible for our lives. We don’t want or ask for any assistance from our government. We have lived responsibly, within our means, and yet we own our home and are debt free. It makes me sick to see people who don’t or won’t take responsibility for their life. I will PROUDLY cast my VOTE for Mitt Romney in November and I pray everyday that the American people will wake up and do the same.
  
  Report this comment
- Lookoutmomsmad
  Posted on September 19, 2012 at 9:01am
  Shirelover and any others in the same boat…keep on keeping on!! I will pray for economic abundance in your lives.
  
  I wish Romney would point out to many of that 47% is that the govt will NEVER do as well for them as they can do for themselves!!! What a crying shame it is for many children to see and learn that dependence is the best they can ever expect from this great country.
  
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