Sunday, August 9, 2009

PHOTOGRAPHY is a First Amendment right

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I received a comment a few days ago that argued my point that photography is NOT a crime. A vast majority of statements and mundane points do not need any research, you just know; others are opinion and do not need any research--but I decided to Google the subject. There were over 17 million entries.

PHOTOGRAPHY IS NOT A CRIME


"Some facts that may interest you:

1. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

2. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game"--so is Ramiccio's license tag.

3. "If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

4. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

5. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.


6. The following can almost always be photographed from public places, despite popular opinion:
* accident & fire scenes, criminal activities
* bridges & other infrastructure, transportation facilities (i.e. airports)
* industrial facilities, Superfund sites
* public utilities, residential & commercial buildings
* children, celebrities, law enforcement officers
* UFOs, the Loch Ness Monster, Chuck Norris", Dumbo and Jimbo.

7. "Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

8. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

9. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

10. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order."

I am happy to see the new arrangement at City Hall where the Lecturn is on the right of the room and at a decent angle where someone in the Chamber can photograph a profile of the speaker. Instigated by City Manager Susan Stanton, this is a good compromise to all concerned.

6 comments:

  1. This information is incorrect.

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  2. I'm sure that you will be coming back to set this straight.

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  3. Sure. What I mean is that you can be arrested for, say, sneaking some pictures of some lady's butt while she's sunbathing in a thong on the beach, or taking pictures of a lady's bare boobs when she thinks she's sunbathing topless.
    It all depends on how it's done.
    If you are sort of "lurking" and shooting pictures in a voyeuristic manner than you may be arrested.
    Of course, if there's 200 people on the beach and you just happen to get that same lady in the picture it's less obvious.
    People DO get arrested for this.
    If you are at a beach at night and you are there with a camera on a hotel's beach...you can be arrested for taking pictures of the rooms and their balconey windows if you appear suspicious.
    Judgement and discretion come into play in situations, determing if there has been an offense or not.

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  4. "taking pictures of a lady's bare boobs when she thinks she's sunbathing topless."

    LOL! You know what I meant....!
    :-)

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  5. If it's going to the extreme like those crazy Hollywood photographers sneaking around and taking shots when someone is in their own back yard, etc. that is crap.

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  6. If the lady is in public sunbathing nude, then she is fair game. Obviously she has nothing to hide. Can't help the fact that there are sickos out there taking photos but who is worse? The lady with the boobs in public or the photographer? The lady with the thong on the beach or the photographer. The lady is an exhibitionist and I doubt if she has problems otherwise she would not be on a public beach or area. On the other hand, if she is in her own backyard, then sneaking a photo of that is not right.

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