Invade privacy? If the person is repeating what is said to them, they have not "invaded privacy". Betrayed a trust, maybe--but you cannot lock up (or pillage the belongings of) anyone who betrays a trust.
As soon as you start distinguishing between "acceptable" speech and "not covered" speech, you have already tossed out the 1st amendment--the only question left is how strict a censor you are.
Recording someone? I think you are mistaken about what free speech is.
In fact, is it ok with you if your girlfriend records you having sex and then sells it to the media and it plays on tv? Not that anyone would want to watch it, but is that ok?