The 9th U.S. Circuit Court of Appeals upheld Oregon’s law banning most secret recordings, dismissing a First Amendment challenge from Project Veritas. In a 9-2 decision, the court ruled the law aligns with Oregon’s interest in protecting conversational privacy, reversing a 2023 decision by a smaller panel.
Appointees of Democratic presidents dominated the majority, while dissenters were appointed by Republicans. Project Veritas attorney Benjamin Barr announced plans to appeal to the U.S. Supreme Court, arguing the ruling hampers undercover journalism. Barr contended the First Amendment should protect secret recordings, equating them with traditional journalistic tools.
Oregon Attorney General Dan Rayfield praised the decision as a safeguard for privacy. The 1959 law allows exceptions for felonies endangering lives and recording police on duty. Project Veritas had sued in 2020, claiming the law obstructed coverage of Portland racial justice protests. Known for edited recordings targeting liberal groups, the organization’s tactics have drawn criticism.
Judge Morgan Christen, writing for the majority, highlighted risks like deepfakes and affirmed that journalists can investigate without secret recordings. Dissenting, Judge Kenneth Lee called the law overbroad, endangering public interest reporting.
The case, Project Veritas v. Schmidt, underscores tensions between press freedom and privacy rights.
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