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re: Student suspended for recording lefty professor
Posted on 2/15/17 at 4:34 pm to dmjones
Posted on 2/15/17 at 4:34 pm to dmjones
quote:
I think that it would be an assumption that he agreed to the syllabus if he didn't drop the class and didn't raise any issue about said policy before the incident.
Is that an expressed condition of the syllabus?
Posted on 2/15/17 at 4:42 pm to Five0
Just looked and CA is a two party consent state.
Here is the applicable law: LINK
Where I would make an argument is here:
If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.
And,
If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2.
Would be interested in what the professor's damages would be in a civil suit.
Here is the applicable law: LINK
Where I would make an argument is here:
If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.
And,
If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2.
Would be interested in what the professor's damages would be in a civil suit.
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