Aug 31, 2021
Given that both Connecticut and Florida are two-party consent states, meaning both people have to agree to being recorded, experts have said Nichols has a strong legal case against ESPN.
“In my opinion, ESPN doesn’t have a leg to stand on,” Matt Netti, an attorney in the office of the general counsel at Northeastern University and contributor to sports legal site Conduct Detrimental, told The Post. “I should hope for their own sake that they reached a settlement with her and paid her a lot of money.”
He called the taping a violation of the two-party consent laws, adding, “Even if it was a one-party state, it seemed like neither Nichols nor Mendelsohn knew they were being recorded. More than likely this video was captured illegally and distributed.”
Source: Kirsten Fleming for New York Post