UPDATE: 9th Circuit Court Reverses Decision, Upholds Oregon's Anti-Recording Law

The legal battle surrounding Oregon's recording law, which prohibits unannounced audio recordings under Oregon Revised Statute (ORS) 165.540(1)(c), has taken a turn in the case Project Veritas v. Schmidt. The Ninth Circuit Court of Appeals had previously ruled in favor of Project Veritas in July 2023, finding that the law violated the First Amendment. However, in a recent en banc decision, the court reversed its previous ruling and upheld the constitutionality of the law, signaling the continuation of the legal fight.

ORS 165.540(1)(c) states "It is unlawful for any person, unless the person is specifically informed that the communication is being recorded, to use any device to record a conversation unless all parties to the conversation are informed that the conversation is being recorded, except as provided under subsection (2) of this section."

Chief Judge Mary Murguia, and a majority of the other judges, ruled that the law is constitutional, while dissenting judges argued that it was overbroad and infringed on free speech. Benjamin Barr, attorney for James O’Keefe, plans to file a writ of certiorari to bring the case before the U.S. Supreme Court, asserting that the law restricts the ability to accurately record and share information, which is essential for journalistic practices.

We will continue to monitor developments in this case as it progresses toward the U.S. Supreme Court.