Hastings Communications and Entertainment Law Journal


The Florida Supreme Court faces a difficult decision in McDade v. State. The court must decide whether the statements recorded on a hidden recording device can be used to convict a man accused of sexually assaulting his step-daughter. This article traces the controversial history of Florida's Security of Communications Act and shows that it does not in ban the use of secret recordings of face-to-face conversations by any part to the conversations. The Florida courts, however, have misread the law for decades and this article urges the Florida Supreme Court to set the record straight in McDade. This article argues that if the Florida Supreme Court bans the use of hidden recording devices, then its decision would violate the First Amendment.