Law360, New York (March 24, 2017, 3:58 PM EDT) -- A Massachusetts federal judge on Thursday declined to halt the state’s blanket ban on surreptitious recording but didn’t entirely toss a challenge to the statute either, saying a conservative provocateur journalist has standing to claim that the prohibition against recording private individuals violates the First Amendment.
Chief U.S. District Judge Patti B. Saris held that the law — which bars secret recording and is so sweeping that the James O’Keefe-founded Project Veritas Action Fund argues it would ban secretly recording a politician’s campaign speech — is narrowly tailored to protect privacy by allowing only non-secret recordings of private conversations.
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