I... what? I'm sorry, is there something I'm not aware of? I know for a fact you can in Ohio, though I guess it depends on the jurisdiction:
If there's such a thing as laywerrage, this will probably serve to kindle it. So no, not illegal in Ohio quite yet, but in at least three other states.
Kindled....
Yeah, Edit ninja'd. I'd say that crap is right for a first amendment challenge, but I don't want any of you being the test case.... I know I could make a hell of an argument on those grounds, and I can't believe they actually made those laws. It is not illegal in Ohio, and it never will be, especially when we have the chief of police saying it is protected by the first amendment. [see last post]
My God, that's horrid. I can't imagine that withstanding fundamental right strict scrutiny.... Hell, conservative Justices S and T will probably stand up against that. I agree with the article you cited. Its an insane application of the two party consent law. No expectation of privacy in public, no interference with police investigation because it's all public (see "no expectation of privacy"). I just... wow. Again, even if a 1st amendment challenge was raised, it'd be a federal lawsuit and I don't want any of you at the center of that. Gee, I wonder why they don't want taped....
Thank you for pointing that out. I had never heard of that ridiculous application of the two party recording consent statutes.