[NAGDU] FW: [Njagdu] Blind woman and guide dog kicked off American Airline flight

[David]

That is correct, Marion.  If you are in a public space and whomever you 
are recording is also in public space, you may record.  It is an 
activity protected under the First Amendment of the U.S. Constitution.  
No one, even the police, may legally stop you from recording, unless you 
are creating a public danger or interfering with the lawful activities 
of others.  You may be prohibited from recording in some security areas 
and national defense areas, although that is not entirely settled law.  
If you are stopped from recording in a public space and the issue is 
important to you, contact the local office of the ACLU.

Recording over the telephone, or in any area where there is an 
expectation of privacy, is another matter and is governed by state law.  
The laws concerning recording where there is an expectation of privacy 
vary widely between states.  Some states require the express consent of 
the other party, and some, only one party needs to know of the 
recording.  Some only require notice to the other party that the call is 
being recorded.  Much of the commercial recording by banks and financial 
institutions is illegal in many states.

This is not legal advice, either.  'Just a summary of my understanding 
of what the law is.

David and Claire Rose in Clearwater, FL

On 3/18/2017 6:44 AM, NAGDU President via NAGDU wrote:
> 	First of all, I offer the usual disclaimer: I am not an attorney.
> This information is provided as informal guidance only and should not be
> construed as legal advice.  It is my understanding that recording is legal
> provided there is no expectation of privacy. In other words, if one is on a
> bus, walking along the sidewalk, getting into a cab in front of the house,
> shopping at Walmart, etc., there is no expectation of privacy and,
> therefore, should be no prohibition of recording. If, on the other hand, you
> are on the telephone in your home, in a private office, or some other place
> where one would reasonably expect privacy, recording would be illegal. I
> believe that the assertion that, if one person is aware that a recording is
> taking place it is legal is a myth. If I am recording a private
> conversation, I know the recording is being made but the other person who I
> am recording may not know. If that person does not give informed consent
> when there is an expectation of privacy, making the recording would not be
> legal. The only exception might be a search warrant in which a judge gives
> permission for the recording to take place in an effort to obtain evidence.
>
> Fraternally yours,
> Marion
>
>
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU)
> National Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
>
>