Can I be sued for posting a video on YouTube of someone else?

No issues of law that I can see, but once you post it, you are stuck with it. The driver may take legal action. You may win - should win, it seems to me - but can you afford the hassle?

Your question raises some cutting edge constitutional and Internet law issues, currently being debated in courts across the country. Often these issues arise when individuals film public police encounters. At least one federal appeals court has ruled that this sort of public filming is protected by the First Amendment, despite wiretapping laws that might otherwise prohibit it. In Florida, both parties to a conversation must consent in order to record or 'intercept' the communication. So recording another person's voice, without their knowledge, is a crime in Florida. But the First Amendment may override these prohibitions in certain circumstances, particularly where the recorded event is newsworthy. You are safer to disable the audio recording device, and only capture the video, since video recording is not covered by Florida's wiretapping laws. There are other issues that could be raised like violation of publicity rights and intellectual property infringement, so you should get some formal legal advice on this issue.

You got some good answers. Just like the paparazzi, if filmed in public, then they don't have much reason to think they are protected. It would cost the tow truck driver money to hire an attorney to sue you and what would be his damages? Probably nominal. Did you get towed illegally? This is a common issue in Tampa.

The answer to, "Can I be sued..." is yes. Even if you think that you did everything legal, you can still be sued. You can always be sued. People file frivolous lawsuits all the time. Sometimes the suits are dismissed immediately, sometimes they end up dragging on in court for a while, and sometimes the people actually win, especially if the defendant fails to defend himself or herself. I'm not saying that the tow truck driver's lawsuit would be frivolous. In fact, he may have perfect grounds for suing. I can't say without actually watching the video. Just because something was true and actually happened does not mean that he cannot make a case for invasion of privacy or something similar. People who file lawsuits are often motivated by anger, frustration, and other emotions. Therefore, one thing that you can do to avoid being sued is to not do anything (like posting a video of someone on Youtube without authorization) that will make that person angry or embarrassed. First, making someone angry or embarrassed is just not nice. Next, once you make someone angry or embarrassed, a lawsuit may not be all you should be worried about. People react in different ways, and they don't always react through legal channels. Sure, you may not be sued, but what if you end up being yourself defamed online in retaliation? What if the person does something else in retaliation, like tries to harm your person or property? What would you do if you were in the tow truck driver's position and saw the same video online featuring you? I have seen people do incredibly stupid and crazy things. Just be careful. Try to avoid making people angry or embarrassed. Sometimes it's wisest to know when to pick your battles.