Re:Former Tesla engineer sues for defamation
by gnicholas on Wednesday December 09, 2020 @05:19PM
(#25366071)
Even if she broke the law when making the recordings, it's not clear that the recordings can't be used in court. [1]
This would be different if it were the police illegally procuring evidence, under the 'fruit of the poisonous tree' theory, but here it's just a private citizen. So while she could surely be punished for breaking laws related to recording people, that doesn't seem to foreclose the possibility that she could use the recordings in court to prove her case.
So if she admits that she did record these meetings without informing the other participants, then in this defamation case - a key part of which is about the claim in HuffingPost "She also illegally recorded internal conversations within Tesla without anyone’s permission, which is clearly criminal conduct" - she has a good chance to lose, as it's not defamation if it's true.