Boddie v. American Broadcasting Companies, Inc.
731 F.2d 333
In the United States Court of Appeals for the Sixth Circuit
Case Number 82-3420
Before Senior Circuit Judge Brown, Circuit Judge Keith, and Circuit Judge Wellford
Decided on April 06, 1984

Relevancy of the Case: Reasonable expectation of privacy during an interview and the validity of the interviewee’s consent

Statutes and Provisions Involved

• The Omnibus Crime Control and State Streets Act, 18 U.S.C § 2510-2520
• The Electronic Communications Act, 18 U.S.C § 2511

Relevant Facts of the Case

• The defendant published an investigation report titled “Injustice for All’. It enquired into allegations against certain judges granting leniency to criminal defendants for sex.
• The defendant made allegations against the plaintiff in the documentary. The defendant interviewed the plaintiff in her home and recorded the interview without her consent.
• The District Court dismissed the case before the trial. Therefore, the plaintiff has appealed before this court.

Prominent Arguments by the Counsels

• The defendant’s counsel submitted that they were privileged as parties to the conversation with the plaintiff. They also contended that there was no unlawful interception. Further, the plaintiff did not have an expectation of privacy.

Opinion of the Bench

• The Federal Wiretap Statute provides for a private cause of action. The District Court has erred while dismissing the application on this ground.
• The privilege in the statute does not extend to the purpose of committing a criminal or injurious act.
• A premature dismissal of the application prevents trial. A trial should be conducted to decide if there was an expectation of privacy.

Final Decision

• The court reversed the District Court’s judgment and remanded the case for trial.