BOCA RATON, Fla. - Was the tape of Mitt Romney speaking in Boca Raton during a May 17th fundraiser legally recorded?
Florida law says all parties have to know they're being recorded, or its illegal.
"In a totally private setting, you have to give your consent," said West Palm Beach first amendment lawyer Jim Green.
Green says it's unclear whether Romney had a reasonable expectation of privacy.
It was at a private home, without media and the video in question was taken with a camera that Green says may not have been obviously in view.
"There are arguments where he would have had a reasonable expectation of privacy, " said Green.
But Green wonders whether a presidential candidate should ever legally expect privacy when he's in a group of people and talking public policy - in an age where cameras are as common as controversy.
"Is that expectation under the circumstances on that society is prepared to recognize as reasonable?"
We've learned that the chair of the Romney campaign in Palm Beach County, Jay Goldfarb, who also happens to own a print shop in town, is bringing signs to Thursday's fundraiser that say no audio recording allowed.
It's unclear if they were at the last one, and that could have an impact on whether the recording was legal or not.
Green says a sign like that could give even a presidential candidate comfort in being safe from cameras.
Former Rep. Mark Foley doesn't expect Romney to sue.
"The damage has been done," said Foley.
He says this video is a reminder of a lesson everyone in politics should know - whether you're in a two party consent state or not.
"You always have to assume, and I know this better than anyone, that anything you do in public life will catch up with you," said Foley.
Neither the Palm Beach County State Attorney's office nor the Romney campaign, responded to our request for comment.
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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