On May 24, NFL Hall of Fame tight end Shannon Sharpe nabbed an interception on his Fox Sports show, Undisputed, when he called star wide receiver Julio Jones, then a member of the Atlanta Falcons, …
is filmed. Therefore, Sharpe could face serious penalties. However, any attempt to prosecute or sue Sharpe will have to contend with a potentially fatal flaw: Georgia where Jones appears to reside is a one-party state. Which state’s law would apply? Could Fox Sports be on the hook? Let’s go to the tape!Because Jones was presumably a resident of Georgia, Sharpe must contend with two jurisdictions.
Here, we have the opposite formulation. Therefore, the question becomes: Which state has a greater interest in having its law apply to protect a Georgia victim? Here, a court could very well run the ball all the way back into the opposing end zone. By applying California law, Georgians’ expectations of privacy would be determined by the location of the person they correspond with, which would undermine the balance set by the state.
On the other hand, if Jones took the call while within earshot on others, it could render the recording within bounds — and if he knew he was being recorded and chose to speak regardless that would also doom any legal claim.Bartnicki vs. Vopper
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