zlacker

The first amendment doesn’t mention recording, although I admit that an argument could be made regarding an implied right. But then why are wiretapping laws allowed? Hiding a recorder in an otherwise public meeting area can violate these laws in some states (notably Illinois and Oregon). Are these laws unconstitutional?

Besides, the first amendment does not give the government the right to record or to benefit from those recordings. Rather, it prevents the government from restricting speech acts of private citizens. Therefore there should be no conflict with the 1st if a hypothetical law prevents the government from recording or accessing private recordings, even if private recordings are considered protected speech.