Classroom Taping Under Legal Scrutiny — A Road Map for a Law School Policy

Abstract

Technological advances have made law school administrations, faculties, and students increasingly interested in recording class sessions. Administrators gain significant flexibility if class recordings are readily available to mitigate weather, transportation, medical, or other unexpected emergencies. Faculty members appreciate students’ enhanced comprehension of material following their subsequent study of the in-class proceedings. Students with disabilities and those who want more opportunities for content review benefit from access to recordings. Despite those acknowledged advantages, there are legal parameters for class recordings that have not previously been addressed in the literature. Existing legal constraints on class recording by any law school stakeholder include federal and state wiretapping laws, federal statutes protecting students with disabilities, privacy protections, and copyright provisions. In addition, the unique pedagogical objectives of law school education, designed to prepare professional advocates, further complicate the development of an effective taping policy. This Article reviews the significant legal issues inherent in various classroom taping scenarios and then offers law schools a framework for adoption of a cohesive class recording policy consistent with legal norms.