A little bit of Googling led me to a thread on eham, that discusses a similar topic:
http://www.eham.net/articles/7711
Lots of opinionating going on, but the 1st post (and, btw, I didn't read through all of them; maybe about 1/2, or so) had a link to some legal code, courtesy of Cornell Law School:
https://www.law.cornell.edu/uscode/text/18/2511
Take note that this is U.S. code; Federal. Not state. State law may vary.
From the law school US code link:
"(g)It shall not be unlawful under this chapter or
chapter 121 of this title for any person—
(i)
to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii)to intercept any radio communication which is transmitted—
(I)
by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(II)
by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(III)
by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services..."
And, from the "definition" section of the same piece of legal code, is the Legal Definition of "Intercept":
"(4)
'intercept' means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device"
It seems to me, then, that "recording" is a form of "interception", as "recording " is a manner of acquisition of communication, through the use of an electrical device.
Once you have the recording, though, what about putting it on YouTube? Or some other social media site?
Well, right now, to be perfectly honest, I'll have to try to find relevant legal code later. Legal code is boring to sift through (as is case law, most of the time), and I doubt that I would find much on this specific issue.
However, I note that people are frequently filmed, behaving in absurd ways, while out in public. Those recordings often end up on YouTube, and many often go viral. They get featured in widely read blogs and news outlets. This appears to be legal; people keep posting these vids, without repercussion.
So, then, if you can film a man who is cussing out random strangers while standing in a public park and wearing a tutu and combat boots, then stick that video out on the interwebs, it strikes me that one would be hard pressed to SUCCESSFULLY sue you because you posted a recording on the internet, that was obtained as he was willingly broadcasting his voice over public airwaves via a Citizens Band Radio.
I will remind the readers, and the OP, that the legal code that has been referenced is FEDERAL. It is NOT state. A state law may vary.
Further, it is of great importance, that I state the following:
While I frequently research legal code and case law, for my own, personal, knowledge and insight, and I reach conclusions and act upon those conclusions, myself, I AM NOT a lawyer. I have never attended so much as a fleeting second in law school. Nothing in this post is intended as legal advice, nor am I offering legal services. At bare minimum, it is advised that you read applicable laws, codes, case law, etc., then reach your own conclusions and take sole responsibility for any action, or lack of action, made by yourself, as a result. It is best, however, that legal experts be consulted on matters pertaining to law. I shall repeat, to be clear; I AM NOT a lawyer, and it is unwise to mistake me for such.
