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CURTATONE v. BARSTOOL SPORTS, INC.

SJC-13027.

487 Mass. 655 (2021)

JOSEPH A. CURTATONE v. BARSTOOL SPORTS, INC., & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 14, 2021.

Attorney(s) appearing for the Case

Leonard H. Kesten ( Deidre Brennan Regan also present) for the plaintiff.

Aaron J. Moss , of California ( Andrew F. Caplan , also present) for the defendants.

Esha Bhandari , Brian Hauss , & Katie Townsend , of New York, & Jessie J. Rossman , Ruth A. Bourquin , Rachel Davidson , & Bruce D. Brown , for American Civil Liberties Union & others, amici curiae, submitted a brief.

Daniel J. Schneider, pro se, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

In this appeal, we consider whether the defendants, Barstool Sports, Inc. (Barstool or Barstool Sports), and Kirk Minihane, acting as agent for Barstool, violated the Massachusetts wiretap act, G. L. c. 272 § 99 (act), by first recording a telephone conversation with the plaintiff, Somerville mayor Joseph Curtatone, under an assumed...

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