[BC] RE: NPR violation of 73.1206?

[Rich Wood]

------ At 07:29 PM 11/23/2005, Paul Christensen wrote: -------

>Logically, that sounds bizarre to me, but I know nothing of 
>Indiana's state laws.  If only one party is required for the 
>recording of a telephone conversation, for what reason does either 
>party need to agree?  An agreement mutually exists between two or more parties.

I've heard of such laws in several states. I believe they apply, 
primarily, to law enforcement but don't prohibit mere humans from recording.

>The more important issue is related to federal preemption.  The U.S. 
>Constitution's Supremacy Clause effectively trumps state law when 
>state and federal law are at odds with each other.  Assuming your 
>facts are correct regarding Indiana's state law, their law is at 
>odds with respect to federal broadcasting regulations.  So, while 
>there be no violation as far as the state is concerned, the federal 
>government doesn't give a damn what Indiana has to say about it.

The state laws I've seen make no mention of broadcasting. Most Talk 
Radio people know better than to broadside someone by putting them on 
the air without their permission. It's usually a morning show that 
gets in trouble trying to do a comedy bit.

The fines I've seen have been between $4,000 and $6,000 per incident. 
It's not as serious as a dirty word but will almost guarantee you a 
fine if someone complains.

Rich


Rich Wood
Rich Wood Multimedia
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