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STATE v. PAGE3/3/1997
his case be suppressed. This fact represents much accumulated wisdom and experience. It implies that the practice reflected here does not present an unacceptable threat to basic freedoms.
IV. Conclusion
In sum, the rationale of Glass was based on the danger that secret participant-monitored recording was thought to present to private discourse. In Quinto we expressly modified Glass, disapproving of language implying that secret recording was prohibited regardless of whether discourse might be inhibited. Since soundless videotaping does not threaten speech, Glass is distinguishable and does not control. Viewing the transaction in this case independent of Glass, I conclude that a person in a position similar to that occupied by Page has no expectation that society is prepared to accept as reasonable that what is occurring is not being videotaped with the consent of a participant. For these reasons I would reverse the decision of the court of appeals.
MATTHEWS, Justice, with whom EASTAUGH, Justice, joins, dissenting.
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