Ohio
Ohio Video Recording Laws: Public Filming, Privacy, and Penalties
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content
Ohio generally permits silent video recording in public spaces; the main exception is ORC 2907.08(D), which bars secretly recording above, under, or through someone's clothing anywhere. Video-only recordings fall outside the state wiretapping statute ORC 2933.52, which covers audio. When a recording includes audio, one-party consent applies. The voyeurism statute ORC 2907.08 bars secretly recording people in places where they have a reasonable expectation of privacy to view their private areas, and secretly recording under or through clothing anywhere.
Quick Answer
Ohio generally allows video recording in public spaces. The main exception is that secretly recording under or through someone's clothing is a crime anywhere. You can film on public streets, in parks, at government buildings, and at public events. Video-only recordings (without audio) fall outside the scope of Ohio's wiretapping statute, ORC 2933.52, which specifically addresses the interception of communications. When you add audio to a video recording, the one-party consent rules apply to the audio portion.
Ohio does restrict video recording through its voyeurism statute, ORC 2907.08, which prohibits secretly recording someone in a place where they have a reasonable expectation of privacy for the purpose of viewing their private areas (the genitals, pubic area, buttocks, or female breast, whether nude or covered by underwear). The state also criminalizes nonconsensual sharing of intimate images under ORC 2917.211.
Video Recording vs. Audio Recording in Ohio
Why the Distinction Matters
Ohio treats video recording and audio recording under different legal frameworks. This distinction is critical for understanding your rights.
Audio recording is governed by ORC 2933.52, the state wiretapping statute. It requires one-party consent for recording wire, oral, or electronic communications. Violations are fourth-degree felonies.
Video recording without audio is primarily governed by privacy laws, property rights, and the voyeurism statute. There is no equivalent of the wiretapping statute for silent video. This means video-only surveillance cameras, silent security footage, and muted video recordings occupy a different legal space than audio recordings.
Video with audio triggers both frameworks. The video portion is evaluated under privacy and voyeurism laws, while the audio portion must comply with one-party consent under ORC 2933.52.
Practical Impact
If you mount a security camera that records video without sound, you face fewer restrictions than if the camera also records audio. Many security camera systems offer the option to disable audio recording, which can simplify compliance. See our Ohio Security Camera Laws page for more on this topic.
Video Recording in Public Spaces
Your Right to Film in Public
The First Amendment protects your right to record in public spaces. You can legally:
- Film on public streets, sidewalks, and parks
- Record at public protests, demonstrations, and rallies
- Film public buildings from public property
- Record public meetings and government proceedings
- Use dashcams in your vehicle on public roads
- Livestream events occurring in public
Ohio law does not require you to obtain consent or provide notice before filming in public. People in public spaces have a reduced expectation of privacy because they are visible to anyone who happens to be present.
Limitations on Public Filming
While public filming is broadly protected, there are limits:
- Do not trespass on private property to obtain a better vantage point for filming
- Do not obstruct traffic, emergency services, or law enforcement operations
- Do not harass individuals by following them persistently with a camera
- Do not use filming as a cover for stalking behavior, which violates ORC 2903.211
- Audio capture in public follows the reasonable expectation of privacy standard under ORC 2933.52
Filming Police Officers
Eight federal appeals courts (the First, Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits) have held that the First Amendment protects recording police officers doing their jobs in public. The Sixth Circuit, which covers Ohio, has not issued a published decision recognizing a First Amendment right to record police in public, so the decisions of other circuits are persuasive but not binding here, and no Ohio statute grants a specific right to record police. Recording openly from a lawful place without interfering is the lower-risk approach. For comprehensive guidance, see our Ohio Laws on Recording Police page.
Video Recording on Private Property
Property Owner Rights
Private property owners and occupants control whether video recording is permitted on their premises. A business owner can prohibit filming in their store, and a homeowner can restrict filming inside their home. If asked to stop filming on private property, you must comply or risk a trespassing charge.
Common places where private property rules apply:
- Retail stores, restaurants, and bars
- Shopping malls and entertainment venues
- Private offices and corporate campuses
- Residential properties and apartment complexes
- Private schools and religious institutions
No-Recording Policies
Many private businesses post "no recording" signs or include recording restrictions in their terms of entry. While violating these policies is not a criminal offense under Ohio's wiretapping laws (since video-only recording is not covered), the business can ask you to leave. Refusing to leave after being told to do so can result in a criminal trespass charge.
Recording in Your Own Home
You can install video cameras in your own home. Many Ohio residents use doorbell cameras, indoor security cameras, and baby monitors. However, you must respect the privacy of guests and other household members:
- Do not place cameras in bathrooms, guest bedrooms, or areas where people undress
- If you have roommates or tenants, inform them about camera locations in common areas
- Recording intimate activities without consent may violate ORC 2907.08
Ohio Voyeurism Law: ORC 2907.08
What the Statute Prohibits
ORC 2907.08 establishes several categories of voyeurism offenses related to video recording:
Invasion of privacy for sexual gratification: It is illegal to trespass or otherwise surreptitiously invade another person's privacy to spy or eavesdrop on them for the purpose of sexually arousing or gratifying yourself.
Recording in private places: It is illegal to knowingly and secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person in a place where the person has a reasonable expectation of privacy, for the purpose of viewing that person's private areas (nude or covered by underwear). No sexual motive is required.
Upskirting and downblousing: Recording under or through a person's clothing without their knowledge or consent is specifically prohibited regardless of the location.
Recording minors: Secretly recording a minor in a place where the minor has a reasonable expectation of privacy, for the purpose of viewing the minor's private areas, is a felony rather than a misdemeanor.
Penalties for Voyeurism
| Offense | Classification | Potential Sentence |
|---|---|---|
| Spying for sexual gratification | Third-degree misdemeanor | Up to 60 days in jail, $500 fine |
| Recording in a private place | Second-degree misdemeanor | Up to 90 days in jail, $750 fine |
| Recording under/through clothing | First-degree misdemeanor | Up to 180 days in jail, $1,000 fine |
| Recording a minor in private place | Fifth-degree felony | 6 to 12 months in prison, $2,500 fine |
Ohio's voyeurism statute does not raise the offense level for a repeat conviction. Each division carries a fixed classification, although a prior record can affect the sentence within that range. See our Ohio Voyeurism and Hidden Camera Laws page for full details.
Nonconsensual Dissemination of Private Images: ORC 2917.211
What the Statute Covers
ORC 2917.211 makes it a crime to share intimate images of another person without their consent and with the intent to harm them. This is Ohio's "revenge porn" law.
To violate this statute, the following elements must be present:
- The defendant knowingly disseminated an image or video
- The person shown is 18 or older
- The image depicts the person in a state of nudity or engaged in a sexual act
- The person shown did not consent to the dissemination
- The person is identifiable from the image itself, or from identifying information displayed with it that the defendant supplied
- The defendant acted with intent to harm the person shown
Penalties
- First offense: Fifth-degree felony (6 to 12 months in prison, up to $2,500 fine)
- With a prior conviction (for this offense, a sexually oriented offense, or a child-victim oriented offense): Fourth-degree felony (6 to 18 months in prison, up to $5,000 fine)
Since September 30, 2025, ORC 2917.211 also covers fabricated sexual images, meaning AI-generated or edited images that show a recognizable real person nude or in a sexual act. Knowingly sharing one without the person's consent is a fourth-degree felony, with no intent-to-harm element. Creating one, or asking someone to create one, with intent to distribute it in order to harass, extort, threaten, or harm the person is also a fourth-degree felony. Victims can sue under ORC 2307.66 within four years after discovering the image.
Exceptions
The statute does not apply to:
- Images shared for a lawful criminal investigation
- Images shared to report unlawful conduct
- News reports, commentary, and artistic or expressive works
- Images shared by law enforcement or corrections officers within their official duties
- Images shared for another lawful public purpose
- Images of an adult who was knowingly and willingly nude or engaged in a sexual act in a place without a reasonable expectation of privacy
- Images shared for medical treatment or examination
Federal Law: The TAKE IT DOWN Act
Congress enacted the TAKE IT DOWN Act, signed May 19, 2025, which creates federal criminal liability for nonconsensual publication of intimate images, including AI-generated deepfakes. Covered online platforms must remove flagged content within 48 hours of a victim's notice request. The platform takedown obligation took effect May 19, 2026. The federal law complements Ohio's ORC 2917.211, which has covered fabricated sexual images under state law since September 30, 2025, and provides an additional avenue for federal prosecution and platform accountability.
Video Recording in Specific Settings
Workplace Video Recording
Employers can install video cameras in common work areas such as lobbies, hallways, warehouse floors, and open office spaces. No Ohio statute lists where employers may place cameras, but secretly recording employees in restrooms, locker rooms, or changing areas to view their private areas is voyeurism under ORC 2907.08. For comprehensive workplace rules, see our Ohio Workplace Recording Laws page.
Schools and Educational Facilities
Public schools in Ohio can use video surveillance in hallways, entrances, cafeterias, and parking lots. Cameras in bathrooms, locker rooms, or individual classrooms may raise privacy concerns. See our Ohio School Recording Laws page.
Medical Facilities
Recording video inside medical facilities raises HIPAA and patient privacy issues. Patients can generally record their own appointments, but facility policies may restrict recording. See our Ohio Medical Recording Laws page.
Rental Properties
Landlords can use exterior security cameras on rental properties. No Ohio statute specifically lists where a landlord may place cameras, but secretly recording a tenant in a place where they reasonably expect privacy to view their private areas is voyeurism under ORC 2907.08, and a hidden camera inside a tenant's home may also support an invasion-of-privacy lawsuit. See our Ohio Landlord-Tenant Recording Laws page.
Dashcams and Vehicle Cameras
Ohio allows dashcam use in private vehicles. A camera mounted on a passenger car's windshield is permitted as long as it does not block the driver's view of the road, signs, and signals and does not cover the VIN (ORC 4513.24). The windshield exception covers devices in the front windshield only; side and rear windows get no camera exception, and a commercial car's windshield device qualifies either as federally defined vehicle safety technology mounted as 49 CFR 393.60(e)(1)(ii) allows, or by sitting no more than 8.5 inches below the top of the windshield without blocking the driver's view. Violations are minor misdemeanors. Dashcam footage is commonly used as evidence in accident claims, insurance disputes, and traffic violation cases.
If your dashcam records audio inside the vehicle, one-party consent rules under ORC 2933.52 apply. They cover conversations you take part in, but not private conversations between passengers that you are not part of, or audio recorded when you are not in the car, unless one of the people talking has agreed. Being in the vehicle is not the same as being a party. Tell passengers the camera records sound, or turn audio off. See our Ohio Dashcam Laws page.
Drone Video Recording in Ohio
Federal and State Rules
Drone operation in Ohio is governed by Federal Aviation Administration (FAA) regulations. The FAA requires recreational drone operators to register drones weighing 250 grams (0.55 pounds) or more, pass the TRUST exam, and follow airspace restrictions.
Ohio does not have a comprehensive state drone privacy law. However, using a drone to record someone in a location where they have a reasonable expectation of privacy could violate ORC 2907.08 if the circumstances meet the voyeurism statute's elements.
Practical Guidelines for Drone Filming
- Do not fly drones over private property at low altitude to peer into windows or backyards
- Follow all FAA altitude, airspace, and line-of-sight requirements
- Avoid capturing identifiable individuals in private settings
- Do not use drone footage for harassment or stalking purposes
Using Video Recordings as Evidence
Admissibility in Ohio Courts
Video recordings are generally admissible in Ohio courts if they are:
- Relevant to an issue in the case
- Authentic: A witness can testify to when, where, and how the recording was made
- Unaltered: The original file is preferred, and any editing must be disclosed
- Not unfairly prejudicial: Relevant video is not admissible if the danger of unfair prejudice substantially outweighs its value as evidence (Ohio Evid.R. 403(A))
Common Uses of Video Evidence
Ohio courts regularly admit video evidence in:
- Personal injury and car accident cases (dashcam and security footage)
- Criminal cases (surveillance video, body camera footage)
- Family law disputes (recordings of custody exchanges)
- Employment disputes (workplace surveillance footage)
- Property disputes (security camera recordings)
Explore More Ohio Recording Law Topics
Ohio Phone Call Recording Laws | Ohio Audio Recording Laws | Ohio Workplace Recording Laws | Ohio Dashcam Laws | Ohio Security Camera Laws | Ohio School Recording Laws | Ohio Landlord-Tenant Recording Laws | Ohio Medical Recording Laws | Ohio Laws on Recording Police | Ohio Laws on Recording in Public | Ohio Voyeurism and Hidden Camera Laws
More Ohio Recording Topics
More Ohio Laws
- Ohio AI Meeting Recording Laws
- Ohio Dashcam Laws
- Ohio Data Privacy Laws
- Ohio Deepfake Laws
- Ohio Employee Monitoring Laws
- Ohio GPS Tracking Laws
- Ohio Police Bodycam Laws
- Ohio Smart Glasses Recording Laws
Frequently Asked Questions
Is it legal to video-record in public in Ohio?
Generally, yes. Ohio does not prohibit ordinary video recording in public spaces, although secretly recording under or through someone's clothing is a crime anywhere under ORC 2907.08(D). The First Amendment protects your right to film on public streets, in parks, and at public events. People in public have a reduced expectation of privacy.
Do I need consent to video-record someone in Ohio?
For video-only recording (no audio), Ohio does not require consent in public places. However, recording someone in a private place where they have a reasonable expectation of privacy may violate the voyeurism statute ORC 2907.08. Adding audio triggers one-party consent requirements under ORC 2933.52.
What is the penalty for voyeurism in Ohio?
Voyeurism penalties range from a third-degree misdemeanor (up to 60 days in jail) for spying for sexual gratification to a fifth-degree felony (6 to 12 months in prison) for recording a minor in a private place. Recording under someone's clothing is a first-degree misdemeanor.
Can I share a video of someone without their consent in Ohio?
Generally yes for ordinary video, but not for sexual images. Sharing a real nude or sexual image of an adult without consent and with intent to harm is a fifth-degree felony under ORC 2917.211, or a fourth-degree felony with certain prior convictions. Since September 30, 2025, sharing a fabricated (AI-generated or edited) sexual image of a real person without consent is a fourth-degree felony whatever the intent.
Can I use dashcam footage as evidence in Ohio?
Yes. Dashcam footage is commonly admitted as evidence in Ohio courts for car accidents, insurance claims, and traffic violations. The recording must be authenticated and relevant to the case. If your dashcam records audio, one-party consent rules apply to the audio portion.
Updates
Corrected the windshield-camera rule for commercial cars to include the federal vehicle-safety-technology option.
We updated this page to reflect Ohio's current voyeurism law (which covers underwear and requires no sexual motive) and its 2025 fabricated-sexual-image offenses, removed an incorrect repeat-offense enhancement and a nonexistent "legal proceedings" exception, corrected the dashcam audio and windshield rules, noted that the Sixth Circuit has not recognized a right to record police, and fixed the evidence-prejudice standard. Corrected the opening line to note that secretly recording under or through clothing is a crime anywhere in Ohio, limited the windshield camera rule to front-windshield mounts, added the FAA's 250-gram registration threshold, restated landlord camera limits by the voyeurism statute's elements, and stated that Ohio Evid.R. 403(A) makes unfairly prejudicial evidence inadmissible.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Fixed a broken Markdown link in the Quick Answer paragraph that spanned three sentences and swallowed a bold-close marker, which would have rendered as garbled text and an oversized link.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Ohio Revised Code
§ 2907.08VoyeurismIn forcecited in 14 of our articles
(A) No person, for the purpose of sexually arousing or gratifying the person's self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 97 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Ohio courts have applied R.C. 2907.08 to conduct concealed from the victim. State v. Sipple (2021) held the state need not prove an image was actually captured to sustain an attempted-voyeurism conviction. State v. Goldblum (2014) held that acts committed while the victims slept satisfied the surreptitious-invasion element.
Opinions citing this section in our collection:
- State v. Sipple (Ohio Court of Appeals 2021, 170 N.E.3d 1273)✓Sipple put his phone under a woman's dress at an event without her knowledge. The court affirmed his attempted voyeurism conviction under R.C. 2907.08(D), holding the state need not prove a photo was taken and that stealth without her authority was surreptitious.
- State v. Goldblum (Ohio Court of Appeals 2014, 2014 Ohio 5068)✓Goldblum lifted the covers and clothing off girls sleeping at his home and stared at their genitals. Affirming convictions under R.C. 2907.08(C), the court held acts done while the victims slept surreptitiously invaded their privacy and that sexual purpose could be inferred.
- State v. Huffman (Ohio Court of Appeals 2006, 165 Ohio App. 3d 518)✓Huffman hid wireless cameras in his tanning salon rooms and recorded patrons, including a minor. Affirming convictions under R.C. 2907.08(B) and (C), the court held digital video is a series of photographs, so recording video counted as photographing under the statute.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Smart Glasses Recording Laws: One-Party Consent Guide, Ohio Recording Laws (2026): One-Party Consent Rules, Ohio Audio Recording Laws: Consent, Devices, and Penalties
§ 2903.211Menacing by stalkingIn forcecited in 7 of our articles
(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 666 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Fry (Ohio Supreme Court 2010, 125 Ohio St. 3d 163)“…nderlying felony enhancements to the charge. {¶ 126} R.C. 2903.211 defines menacing by stalking:…”
- State v. Tichon (Ohio Court of Appeals 1995, 102 Ohio App. 3d 758)“…ally require psychiatric treatment.” *763 R.C. 2903.211(A) states that “[n]o person by engaging…”
- State v. Spaulding (Slip Opinion) (Ohio Supreme Court 2016, 2016 Ohio 8126)“…e that he would cause her physical harm or mental distress. R.C. 2903.211(A)(1). Accordingly, as explained below…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Laws on Recording in Public: Rights, Limits, and Privacy, Ohio Security Camera Laws: Residential, Commercial, and Privacy Rules, Ohio Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections
§ 2917.211Dissemination of image of another personIn forcecited in 9 of our articles
(A) As used in this section: (1) "Child-victim oriented offense" and "sexually oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Ohio's Fifth District Court of Appeals has twice found the evidence sufficient under this section for person-to-person sends. State v. Allison (2021) upheld a conviction where nude photographs of the victim were texted to her daughter, and State v. Gilmore (2024) did the same where nude images of an ex-girlfriend were emailed.
Opinions citing this section in our collection:
- State v. Hudson (Ohio Court of Appeals 2022, 2022 Ohio 3253)“…ssemination of private sexual images, each in violation of R.C. 2917.211, misdemeanors of the second degree. The…”
- State v. Gilmore (Ohio Court of Appeals 2024, 2024 Ohio 2095)✓A man emailed nude and sexually explicit photos of his ex-girlfriend to her brother-in-law with taunting messages after she refused to reconcile; the court held the evidence sufficient on the elements of R.C. 2917.211 and affirmed the conviction.
- State v. Bradley (Ohio Court of Appeals 2026, 2026 Ohio 232)✓After a breakup, a man stalked his ex, broke into her home, and sent nude photos and a video of her to her new boyfriend; the court held the R.C. 2917.211(B) dissemination count was committed separately from the stalking counts, so the offenses did not merge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Are Deepfakes Illegal in Ohio? ORC 2917.211 Laws (2027), Ohio Sexting Laws: Legal Consequences and Penalties, Ohio Pornography Laws (2026): Legal Status and the AV Loophole
§ 2933.52Interception of wire, oral or electronic communicationsIn forcecited in 19 of our articles
(A) No person purposely shall do any of the following: (1) Intercept, attempt to intercept, or procure another person to intercept or attempt to intercept a wire, oral, or electronic communication; (2) Use, attempt to use, or procure another person to use or attempt to use an interception device to…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Bidinost (1994) held R.C. 2933.52(A)'s ban on purposeful interception applies to cordless telephone conversations intercepted and recorded on a baby monitor, requiring suppression. State v. Childs (2000) held the party seeking to suppress bears the burden of proving a 2933.52(A)(1) violation.
Opinions citing this section in our collection:
- State v. Robb (Ohio Supreme Court 2000, 88 Ohio St. 3d 59)✓During a prison siege, FBI agents used tunnel microphones to record rioting inmates' conversations without a warrant; the court held those interceptions were exempt under former Section 2933.52(B)(1), Ohio's exception for interceptions made under federal wiretap law.
- State v. Childs (Ohio Supreme Court 2000, 88 Ohio St. 3d 558)✓A defendant sought to suppress tapes of her own conversations as intercepted in violation of Section 2933.52(A)(1), but no one proved whether the other party consented; the court held the party seeking suppression carries the burden of proof, so the motion failed.
- State v. Bidinost (Ohio Supreme Court 1994, 71 Ohio St. 3d 449)✓A neighbor's baby monitor began picking up the defendant's cordless phone calls, and at police direction she recorded them; the court held that was a purposeful interception barred by Section 2933.52(A) and that the recordings had to be suppressed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Dashcam Laws: Mounting Rules, Audio Recording, and Evidence, Ohio Landlord-Tenant Recording Laws: Privacy, Cameras, and Rights, Ohio Medical Recording Laws: Patient Rights, HIPAA, and Consent
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can an Employer Record Conversations Without Consent? (2026), Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), Can I Sue Someone for Recording Me on Private or Public Property?
Sources and References
- Ohio Rev. Code 2933.52 - Interception of wire, oral, or electronic communications(codes.ohio.gov).gov
- Ohio Rev. Code 2907.08 - Voyeurism(codes.ohio.gov).gov
- Ohio Rev. Code 2917.211 - Nonconsensual dissemination of private sexual images(codes.ohio.gov).gov
- Ohio Rev. Code 2903.211 - Menacing by stalking(codes.ohio.gov).gov
- FAA - Unmanned Aircraft Systems (Drones)(faa.gov).gov
- 18 U.S.C. 2511 - Federal wiretapping statute(law.cornell.edu)