SMITH BELIEVES THAT HIS COLLEGE ROOMMATE, WESSON, IS SPREADING RUMORS ABOUT HIM THROUGH THE DORMITORY IN WHICH THEY LIVE. TO CONFIRM HIS SUSPICIONS, SMITH HIDES A TAPE RECORDER IN THEIR SHARED ROOM AND LEAVES IT RUNNING ONE AFTERNOON WHEN HE KNOWS WESSON WILL BE PRESENT. SMITH'S DEVICE RECORDS SEVERAL INNOCUOUS CONVERSATIONS BETWEEN WESSON AND OTHERS, AS WELL AS ONE IN WHICH WESSON DESCRIBES SMITH AS A "LOSER". TWO WEEKS LATER, THE STATE PASSES A LAW MAKING IT CRIMINAL TO "RECORD ANY PRIVATE CONVERSATION WITHOUT THE CONSENT OF ALL PARTIES." WESSON FINDS THE TAPES MONTHS LATER, AS HE IS MOVING OUT AT THE END OF THE TERM, AND TURNS THEM OVER TO THE LOCAL POLICE. CAN SMITH BE CHARGED FOR UNLAWFUL RECORDING WITHOUT CONSENT?