Legal Question in Civil Rights Law in Michigan

Videotaping

At my University there was a

situation in which a student

videotaped a University worker to

gain information. As a result the

Dean of Student Life reported that all

audio-taping and videotaping of

individuals would require

''premission''. I was wondering if it is

legal to videotape on a public

university without permission. Does

the fouth amendment apply to the

campus as a whole, and what laws

and rules circumstances come into

play.


Asked on 10/30/07, 5:33 pm

1 Answer from Attorneys

Rebekah Tiefenbach Rebekah L. Tiefenbach Esq.

Re: Videotaping

In Michigan it is a felony to place an electronic recording device in a PRIVATE place to record activities of another person without that person's consent. Max penalty is 2 years, $2000 fine for first offense. MCL 750.539(d)

Generally, anything that occurs in an open, public place is fair game.

LINK TO MI LAW

http://www.legislature.mi.gov/(S(120f5g55mnlaj355yk42l255))/mileg.aspx?page=getobject&objectname=mcl-750-539d&queryid=20565537&highlight=recording%20AND%20device

Applicability of this statute to your situation isn't clear from your facts. A university still falls under the doctrine of in loco parentis and as such the Dean does have the right to establish a certain Code of Conduct above and beyond the statutes provided there is a justifiable reason for the restriction. (How justified it has to be depends more on the circumstances and what standard of judicial scrutiny should be applied..)

Any constitutional inquiry depends on whether the school would be considered a public or private actor in this case and what the intended purpose of the videotaping was. If it is for public safety/consumer rights-type stuff, it could be protected journalism/speech but if it's more on the lines of blackmail/scandal material, it won't be. Hope that helps.

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Answered on 10/30/07, 11:12 pm


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