An Oregon law that forbids recording in public without consent runs afoul of the U.S. Constitution’s First Amendment, a U.S. court has ruled.
Oregon law 165.540, first enacted in 1955 and subsequently broadened to bar secret recording of conversations, is unconstitutional, Judge Sandra Ikuta, a George W. Bush appointee writing for the majority in the 2–1 ruling, said.
Exceptions to the prohibition include recording at public meetings, such as city council hearings; while a felony that endangers human life is being committed; and by law enforcement officers while performing their jobs.
The law is content-based because certain groups, such as the law enforcement officers, are treated different than others, Ms. Ikuta said. That means it has to be narrowly tailored for a compelling governmental interest, or survive a test known as strict scrutiny….