Posted on 10/30/2009 8:08:53 PM PDT by mfish13
Jerry Brown's office taped reporters' calls Joe Garofoli,Carla Marinucci, Chronicle Political Writers
Friday, October 30, 2009
(10-29) 22:28 PDT SAN FRANCISCO -- A spokesman for Attorney General Jerry Brown acknowledged Thursday that he taped a phone conversation with a reporter for The Chronicle this week without disclosing the fact or asking permission - and admitted he has taped conversations with other news reporters.
Scott Gerber, spokesman for Brown's office, made the admission after the publication of a story in the newspaper that detailed consumer activist Harvey Rosenfield's criticisms of revisions the attorney general made to the summary of a ballot measure that deals with car insurance rates.
California Penal Code Section 632 prohibits the recording of private telephone conversations without consent, and the state is one of 12 states that require notification of all parties prior to taping.
Jim Humes, chief deputy attorney general, said in a statement to The Chronicle Thursday: "In the future, Mr. Gerber will not tape any conversation unless all parties agree." He added that Gerber has recorded "a few other conversations" with reporters and will contact them.
First Amendment advocates said Gerber's actions, whether illegal or not, reflect poorly on the office of the state's top legal official, Brown, who is the Democratic front-runner in the 2010 governor race.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/29/MNV11ACMVR.DTL&tsp=1#ixzz0VTluz2Qj
(Excerpt) Read more at sfgate.com ...
That’s ok, remember McDermott of Washington State did it years ago and the case got dropped. Just find the right judge.
Well, maybe he should have said something, but I’d be tempted to tape any conversation with a reporter, just to keep him honest.
Did the reporters tape him?
I can’t summon up a lot of indignation about a politician taping a reporter. Oh look, it came to light because the reporter misquoted the guy. Imagine that, a reporter misquoting somebody.
"Recording" can include "taking notes" and if Brown's staff thought that the reporter was taking notes (and I assume that they were quite aware of it), then they had the right to tape record it without "permission" because permission is implied.
Frankly I think the law is an ass.
And everyone should be aware they may be taped on a phone call.
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