Can someone record a conversation with me on campus and post the video?


It depends. The Act says that the outdoor areas of campus are a public area. If the conversation is occurring in an “outdoor area of campus” and the speaker (whether a student, employee, or campus visitor) is purposely speaking loudly enough to be heard by passers-by, or the conversation is occurring where the speaker knows that others can listen in, then the speaker likely has no reasonable expectation of privacy in that setting, and the speaker can be recorded and that recording can be posted online. But if the participants in a conversation are trying not to be overheard and have positioned themselves away from others, even if they are in an outdoor area of campus, they may have a reasonable expectation of privacy in that conversation and, if so, should not be recorded. We are aware that some people visit our campus to talk about controversial topics, hoping to get into a heated debate with our students, record the encounter, and then post it in a way that casts a negative light on our students. Just remember, you have no obligation to stop and listen to or engage with anyone. Likewise, if you are the one speaking, nobody has to stop and listen to or engage with you.