Hogwash.... third degree... Well, there are some folks at ACORN and sponsors of ACORN that need a dose of my version of the 3rd degree!
Why are they mentioning felonies if it is a civil suit?
I’ll bet that as a matter of definition, you can’t “intercept” your own conversation you’re having with somebody.
They need a defense fund if they don’t have one already. I will donate.
FReep mail me if you want on/off the list.
Alllrighty then... Let the discovery process begin!
ping
Hey, I’m sure that the ACLU will be right there to defend the first amendment rights of Hannah and James to report the truth!
Mark
what about this part of the PA law?
http://www.callcorder.com/phone-recording-law-america.htm#State%20Laws%20(Table)
“Pennsylvania requires the consent of all parties. 18 Pa. Cons. Stat. Ann. Sec. 5704(4) with the following exception: any individual may record a phone conversation without the other party’s consent if:
1. The non-consenting party threatens the life or physical well being of the consenting party, or any member of his/her family.
2. The non-consenting party commits any criminal action (the statute specifically uses the example of telling the consenting party that they have marijuana they want the consenter to buy, but does state ANY criminal act).”
and this
http://www.rcfp.org/taping/states/pennsylvania.html
“The statute is set to expire in December 2008, but could be amended and remain on the books. Under the current statutory language, consent of all parties is required to tape a conversation. 18 Pa. Cons. Stat. § 5704. Consent is not required of any parties if the parties do not have a reasonable expectation of privacy for their non-electronic communication. See definition of “oral communication,” 18 Pa. Cons. Stat. § 5702.”
They couldn’t possibly claim they had a ‘reasonable’ expectation of privacy with all the people going in and out of the office? I could hear all kinds of other people talking, do they REALLY think she meant to keep all that confidential?
I think you managed to do that all by yourself, Kathy.
Hope Giles and O'Keefe beat this case.
So is it more illegal to record illegalities, or be responsible for giving out information that leads to and supports criminal behavior???
I’m confused...
You cannot claim (or successfully prove in a court of law) the ACORN office personnel were coerced into providing the counsel or advise on how to get away with setting up a “shop” for illegal activity...They gave it without any reservation, and matter of fact they helped to formulate the process to actually get this done...So they went above and beyond what was being asked...
The fact they were recorded is a moot point except in the states that have a notification of recording statutes in their civil law codes...And even that can be defended, or pled down, based upon the content of the recording...
It may, at most be thrown out (recording), ok, but the other states data has already exposed a prevalent tendency for ACORN employees and volunteers complicite in advising citizens to break the law...
If you are standing in a balcony and you are recording an assault in progress, and that assault results in a murder...Do you think for one second that that tape or recording cannot be used to prosecute that crime???
Oh wait, I forgot to ask the murderer if it was ok to tape them committing this crime...
Toss this lawsuit, and ACORN needs topay the legal fees for our two journalists...
Bump