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Privacy & Data Security Law

Massachusetts Police-Recording Ban Affirmed as Unconstitutional

Dec. 16, 2020, 1:06 AM

The First Circuit on Tuesday affirmed a successful constitutional challenge to a Massachusetts privacy law preventing the secret recording of police officers, but it rejected Project Veritas Action Fund’s argument that the law was also unconstitutional as applied to government officials.

Massachusetts’ Section 99 makes it a crime to record another person secretly and without their consent, and it differs from other states’ laws by making no exceptions for the person’s expectation of privacy.

Project Veritas and civil rights activists K. Eric Martin and René Pérez filed separate challenges to the law in Massachusetts federal court, arguing it was an...

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