Unfair Firing for 'Miami Herald' Columnist Who Taped Interview? [RE Teele suicide in Miami]

EditorandPublisher.com ^ | July 28, 2005 | Joe Strupp

[summer]

FYI - Jim Defede is one of the few (and maybe only) FL journalist who actually wrote, at length, about Al Gore's total screw ups in South Florida while Gore campaigned in 2000, and rightfully handed the blame to Gore for those bad decisions Gore made. Defede wrote that extensive article while at the New Mimai Times. Now, for the past three years Defede has been with the Miami Herald, and said it was the best job he ever had.

I haven't thought about all these other issues now being raised about the audio tape Defede made while on the phone with Teele, but I honestly think the primary reason the Miami Herald fired may have been to avoid any lawsuit by Teele's surviviors over the tape made by Defede. Just my two cents.

[summer]

New Mimai Times. = New Miami Times

[summer]

I meant: ...Miami Herald fired Defede...

[OldFriend]

Let the rest of hte reporters resign in protest.

[debg]

err, um, Miami New Times :)

[soundandvision]

Although Florida law prohibits the taping of anyone's phone conversation without their consent, legal experts differ over how that might apply to a reporter.

I'm no 'legal expert' but if they are a citizen of Florida, they are not exempt.

[Spok]

Realistically, I don't think there's any conversation with a journalist that involves an expectation of privacy, especially those famous 'off the record' conversations!

[summer]

Thank you! I always mix that up.

[summer]

I don't know - this Teele was under investigation, he is a public official, and he's talking on the phone with a reporter - I'm not sure how much "privacy" Teele could reasonably be expect in such a circumstance. I think the subject FL law actually protects Defede in this instance, though I am not a lawyer.

[RedMonqey]

Yeah, Karl Rove discovered thar , didn't he?

[summer]

LOL...I read your post so quickly, I didn't realize that I agree with you!! :)

[summer]

Re your post #6 - you're the one I meant to ping to my post #9!

[theDentist]

Although Florida law prohibits the taping of anyone's phone conversation without their consent, legal experts differ over how that might apply to a reporter.

But Reporters are Above The Law, because their job is a "calling", and therefore being professional witnesses for history, they should not be subjected to that law. This is why they shoudl be allowed to wander battlefields without regard for safety, because all should recognise they are superior to the mere troops who are in battle.

[Gideon7]

The FL statues on wiretapping are not typical of most states. Usually ignorance of the law is not a defense. In FL it is a felony to record a conversation unless all parties consent, but if you are unaware of the law then it is a misdemeanor.

In most states it is legal to record a conversation if at least one party is aware of it. (IANAL, standard disclaimers, etc.)

[summer]

LOL...but, seriously. Here is the excellent article Defede wrote about Gore in Florida in Election 2000, and it really took guts for some journalist to get these true facts out about Gore's total sscrew-ups in South Florida (no other journalists timely wrote about this):

Feature Story published November 23, 2000 in the Miami New Times:

Collision Course
by Jim DeFede

Award-winning columnist Jim DeFede chronicles how the Gore campaign tried and failed to muster support from South Florida environmentalists prior to election day due to Gore's political pandering to developers and power-hungry Democrats.  Read the story at the Miami New Times magazine... [see above linked title]

[soundandvision]

I could see that but if Teele asked to be 'off the record' and was still recorded?... I need to know more about this..

[summer]

No, I think this case, if it becomes a cse, might turn on the question of Teele's having or not having any expectation of privacy, and IMI, "privacy" for that guy, in his particular circumstances, is a very hard sell.

[summer]

Re your post #16 - That is a good point.

[OldFriend]

But seriously, this man violated the trust of the man who committed suicide. He admitted he suspected the friend might commit suicide.

It's against the law to tape a conversation without the express knowledge of both parties.

Franky, I don't care what he wrote, he broke the trust and the law.

[summer]

But actually - it's no point. Because DeFede did NOT tell Telle. That's why Defede was fired. (Defede told his bosses what he did.)