Different states have differing laws regarding recording conversations. In some states both parties in conversation must consent to recording: https://www.justia.com/50-state-surveys/recording-phone-call...
Edit: Another commenter has made me aware that some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law
The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
You can want things to be black and white but litigators are going to argue.
Glik v. Cunniffe (1st Cir. 2011)
But to extend the context: I don't see the relationship of either of those cases to anything being discussed here at all.
Katz came about because the FBI recorded a gambler outside the booth with the doors closed. Hence we have the Katz test.
Heck, you can even record someone making a drive thru order yourself and no one can do anything about it
But that kind of question does not appear to be related to anything in the context of the discussions here on HN.
You seem to have presented a red herring.