The dissenting opinion here is somewhat long to reposte, but seems worthy, in my view:
> Dissenting, Judge Christen stated that because the majority does not dispute that the State has a significant interest in protecting the privacy of Oregonians who engage in conversations without notice that their comments are being recorded, the court’s analysis should be straightforward. First, principles of federalism require that the panel begin from a premise of reluctance to strike down a state statute. Next, following Supreme Court precedent, the panel should sever the two statutory exceptions [ed: felony endangering human lives, activities of police officers] that Project Veritas challenges, apply intermediate scrutiny to the content-neutral remainder, recognize that the statute is well- tailored to meet Oregon’s significant interest, and uphold section 165.540(1)(c) as a reasonable time, place, or manner restriction. Judge Christen stated that the purpose Oregon advances is its significant interest in protecting participants from having their oral conversations recorded without their knowledge. The majority recasts the State’s interest as one in “protecting people’s conversational privacy from the speech of other individuals.” That reframing of the legislature’s purpose serves as the springboard for the majority’s reliance on an inapplicable line of Supreme Court authority that pertains to state action aimed at protecting people from unwanted commercial or political speech, not protection from speech-gathering activities like Project Veritas’s, which are qualitatively different because they appropriate the speech of others.
I wonder to what extent repeal might happen. Do the judges who struck this down intend to, in the absence of law, now allow 0 party consent recording? Can I just go around planting bugs around the city & start recording as many people as I can, unbeknownst to them?