School District Where Creepy Obama Video Produced Issues Statement | Main | Elevating the Discourse: MSNBC Host Claims "The Republicans Lie... They Want to See You Dead"
September 24, 2009

Hmm: RedState Post on No Privacy When Dealing With Public Wrong?

RedState seemed to state (or I assumed them to state) was that the snippets of legal opinion cited established the proposition that when someone in a business or organization is dealing with "the public," he can't have a reasonable expectation of privacy in that discussion.

Zero Sheep says that's not the case at all. And that the cases cited stand only for the proposition that if X and Y are having a conversation but they know (or should know) a third party Z can hear them, they can't have an expectation of privacy.

In which case, it's not true that just dealing with "the public" generally ends the expectation of privacy.

And in that case the analysis from a commenter -- that the ACORN employees could not have an expectation of privacy, because they knew one third party (their employer, charged with making sure they didn't misuse private customer information) had a right to eavesdrop -- would be the argument to make.

Response from RedState's Leon Wolf: He says no, that's what it means.

I don't know myself so I can only quote people arguing with each other.

But... now that I think of it, Leon's broad exception seems, well, seriously broad. As in overbroad. It is an exception, as they say, that eats the rule. If his argument is correct, you cannot have a reasonable expectation of privacy with anyone except, it seems, someone you have known personally for some undefined period of time.

If I knock on a stranger's door and start talking to him, by Leon's reasoning, the guy I'm talking to has no reasonable expectation of privacy because I'm a member of the public and I can tape him all day, consent or no.

That doesn't sound right.

For one thing, I don't know how, by this rule, one would separate members of "the public" from people who are not members of "the public."

digg this
posted by Ace at 02:24 PM

| Access Comments

Recent Comments
Ghost of Lee Atwater: "Illusion of security. Clearly there are no data pa ..."

wth: "Everybody lies to Congress Posted by: DB- just DB ..."

Christopher R Taylor: "Prepare your eyebleach https://preview.tinyurl. ..."

Warai-otoko: "378 So Jefferson Co CO has a mandatory mask order, ..."

Patrick from Ohio: "Did anybody see that the movie THE ASSIGNMENT is o ..."

Can't resist temptation : "I suggested before that Peter Thiel should buy the ..."

flounder, rebel, vulgarian, deplorable, winner: "266 2020: the movie. The casting made me LOL. ..."

WitchDoktor, back to no one giving a damn.: "1) You don't have to wear a mask if doing so would ..."

rickb223 [/s][/b][/i][/u]: "I still like Betsy DeVos' idea of taking federal e ..."

Sharkman: "Seth Rich>Seth Rogan Posted by: tubal S ..."

RedMindBlueState[/i][/s][/b][/u]: "[I]Posted by: Zod at July 16, 2020 01:26 PM[/I] ..."

WitchDoktor, back to no one giving a damn.: "The only thing in my DMs are messages from THE Ric ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64