Does Mitt Romney Have A Case?

Here’s an interesting piece from Politico that wonders if the person who taped Mitt Romney’s comments about the “47%” violated Florida law. The answer is a definitive maybe. Florida law generally requires the consent of the person taping the conversation, and, more importantly, the consent of the person taped. But that rule applies only if the speaker has a reasonable expectation of privacy. So the big questions are what was Romney’s expectation and was it reasonable. On the one hand, he is running for, you know, the highest public office in the land. So it’s reasonable to assume that pretty much everything he says in even a quasi public forum is fair game. On the other hand, this was an invitation only event, so one could argue that what was said was not for publication. I doubt that Romney will pursue any litigation over this. First, he’s got other things to attend to right now, and second, he’s gotten enough bad press over this as it is. But I also suspect that going forward, candidates will make it as clear as possible that private fundraising and that recording is strictly forbidden. What do you think?