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View Diary: Head of Fox Security called me re: phone call to O'Reilly today (376 comments)

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  •  Read the fine print (none)
    It may not be illegal, but if the point is to have evidence when the Fox Security thugs come after you, a judge in New York may rule your recording inadmissible if you don't inform the other party you are recording the call.

    Thwarting the forces of conservatism since 1978. -7.63, -5.64

    by wiscmass on Fri Mar 03, 2006 at 03:01:52 PM PST

    [ Parent ]

    •  Recording (none)
      Any experts on the New York rules of evidence out there?  It was too long ago for me.  I think you can get it in, but that's a 15 year old recollection from bar exam prep.
      •  NY is a 1-party state (none)
        You can record it, and you can use it as evidence since you are able to authenticate the recording you made.  The only catch is that if the OTHER end of the conversation (i.e. your state) requires permission from both parties to record the call, you could be in serious trouble in your home state, so pay attention to that.
      •  Impeachment of testimony maybe (none)
        You might be able to use it for impeachment purposes if they denied that they harrassed you and the recording shows otherwise. Being able to present it in court and whether a civil of criminal penalty attaches for doing it are two different things.
      •  Two things (4.00)
        1. It is perfectly legal in the State of New York to record a telephone conversation as long as one party consents to it.  Feel free to tape, people.  It's only illegal eavesdropping if a third party tapes conversations without the consent of the sender or receiver. However, if the sender is not in NY, check the law in your home state.

        2. The Fox Security guy was attempting to make a case for Aggravated Harassment, a misdemeanor in NY.  However, the call must be made with the intent to harass or annoy.  One phone call where you thank the idiot for turning you on to CountDown, and the idiot hangs up, ain't it.  Obvioualy, this call from Fox Security was meant to scare you.  Feel free to call Mr. O'Reilly again, and when Fox Security calls to scare you, blow a whistle into your mouthpiece.

        We do not rent rooms to Republicans.

        by Mary Julia on Fri Mar 03, 2006 at 10:41:06 PM PST

        [ Parent ]

        •  Well, proving intent is a tough sell (none)
          But it seems quite clear that if the law says that aggravated harassment is "a call made with the intent to harass or annoy", then this call likely fits that bill.

          Wasn't Mike Stark's campaign this past week meant to harass and annoy Bill O'Reilly?

          Like I said, conviction on that kind of a charge would be almost impossible to prove, because proving intent would be virtually impossible, but I bet that IS why adigal made the call.

          Even if O'Reilly IS annoyed by the call, he would have to be able to prove that annoying and harassing was the intent.

          And anyone that is involved in this kind of behavior should be wary of admitting their role in this behavior and should be careful how they express themselves in discussing their motivations in doing so.

          ...but not your own facts.

          by slouise217 on Fri Mar 03, 2006 at 11:49:51 PM PST

          [ Parent ]

    •  Oh, please (none)
      No one's actually going to come after him. It's too much trouble and even they're smart enough to know they have no grounds to do anything to him once they arrive. The phone calls are meant to bully him into silence and submission.

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