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Court strikes down Oregon law which restricted secret recordings

Reporters will no longer be legally required to disclose when they are recording an in-person conversation in Oregon.
Rome Wilkerson
/
Unsplash
Reporters will no longer be legally required to disclose when they are recording an in-person conversation in Oregon.

A federal court has struck down an Oregon law which made most secret recordings illegal.

Previously, Oregon residents could not record an in-person conversation without informing the speakers, except during felonies or police activity. These rules did not apply for recordings made over the phone.

This month, judges from the Ninth Circuit found that this statute violated free speech rights. They ruled 2 to 1 in favor of Project Veritas, a right-wing media group that employs undercover recordings.

Christian Hartsock is the Chief Investigative Reporter at Project Veritas. He said they wanted to record candid conversations among anti-fascist protesters and Proud Boys in 2020, but state law made that nearly impossible.

鈥淚t applied in the most public places: public parks, sidewalks, crowded bars,鈥 Hartsock said. 鈥淯sing the law to prohibit news gathering in these public areas cuts off valuable information which we consider potentially to be of public interest.鈥

In her dissenting opinion, Judge Morgan Christen said striking down the law could expose the public to having their voices edited and manipulated.

A representative of Oregon鈥檚 Attorney General said the statute protected privacy rights, and the office will consider seeking further review.

Copyright 2023

Nathan Wilk is a JPR content partner from NPR member station KLCC in Eugene. Nathan is a graduate from the University of Oregon School of Journalism and Communication.