But this was not identified as a planned filming. The whole idea was that it was filmed without the consent of the two being filmed and was made public without their knowledge.
This constitutes an invasion of privacy problem that can be identified on the filming and display on social media by the filming person thus creating a crime, maybe as little as a small misdemeanor, but one nevertheless. So the discretion of the state where the crime was committed,and depending on the sentence applied, will determine if it will be a misdemeanor or felony conviction. I would hope that a plea would, at some time, reach the federal supreme court and they would hear it to establish a determination as to the expected privacy of people being filmed. And at that time, the media will be opened up for lawsuits based upon the victim being filmed and the determination of the federal court.
I’m hoping this will stop this indiscretionary observance of questionable filming and force the media to be truthful on their entries to the public concerning appearance of illegal actions from street corner cell phones. As long as they present and can prove the actions being displayed, I have no problem. But they are not being required to do so and they are given carte blanc to say whatever they wish which has lead to too many lies. Take their opportunity away by removing their protection.
rwood
“The whole idea was that it was filmed without the consent of the two being filmed and was made public without their knowledge.”
I don’t really think that is the issue here. States do not really press most “two party consent” cases beyond the state courts because they know that the federal courts will likely slap them down if the recording was made in a public place with no expectation of privacy. They generally only use these charges as leverage and drop the cases before they can get to the point where a challenge can allow the feds to rule such laws unconstitutional.
However, wiretapping cases where people have made recordings where there IS an expectation of privacy are not controversial at all, and that is the case here. So there won’t be any federal intervention because that issue has already been hashed out. There’s certainly nothing in this case that is going to restrain anyone from filming cell phone videos in a public place where there is no expectation of privacy, because there IS an expectation of privacy in a bathroom stall, even in a public restroom.