Photographers: Know your photographic rights

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Photographing things in plain view and in public places: An American Constitutional right.

There is  wide-spread talk and patterns of abuse, as some law enforcement officers allegedly, are ordering people (which is not legal) to stop taking photographs in public places, harassing and detaining them and even arresting those who fail to comply.  Transportation facilities, police officials, Government officials on the job,  federal buildings, and such.  It is important for people/photographers to understand their rights in days like today,  and also for photographers, pro and citizen alike to stand up for these, the most basics of freedoms.

Americans: Our rights as photographers

• Photographing  anything in plain view while  in public space(s) is legal as long as you are lawfully present, this is every photographers right in America.  This  includes pictures of federal buildings, transportation facilities, and police. Oversights like these were put in place as a public’s of  ”watching over the government,” a check and balance type system that is the peoples  oversight over the government an important in a free society.

When police say no no no, "Put that camera down," remind them we have laws in America and photographers have the right to photograph public spaces and events.

• While on private property, the property owner sets the  rules about your taking of photographs. Disobey the property owner’s and they can order you off their property and have you arrested for trespassing if you do not leave.
• Police may not generally confiscate or demand to view your photographs without a warrant.If arrested, the contents of your camera or cell phone may be “looked over” by the police, (A good idea might be to lock your images from view if possible with your brand of camera)  Their constitutional power to do so remains unsettled.  It is also a possibility that courts may approve the seizure of a camera or cell phone in some circumstances, provided the police have reasonable, and good-faith beliefs that they contains evidence of crime by someone other than the police themselves (This whole issue  is unsettled whether they still need a warrant to view them according to an article I read on the ACLU web site.)
• Police officers can legitimately order citizens to cease activities if they are truly interfering with legitimate law enforcement operations.  This is important to understand as well, “Use common sense and don’t be a bother to the police) Professional officers, realize that such operations are subject to public scrutiny, by pro photographers and everyday citizens.
• Not under any circumstances are Police allowed to delete your photographs or video . Note that the right to photograph public spaces does not give you a right to break other laws. If trespassing when taking photographs, you may still be charged with trespass; again, common sense.

Readers and friends know I’m political by nature (Can’t help it and I won’t apologize for it, I feel we need to talk about certain issues, just not here all the time.) This is a site on photography and this is something photographers need to know.  Full Disclosure, I have a site on occupy wall street photography, check it out if you like.  I made it for the “history of this movement” and our rights as Americans to do as these people are doing, hell – Big Daddy wants to join them.  They have rights to stand there and we have rights to photograph events such as these.  Anyways, here is my Occupy Wall Street “Photography” web site.  (Donate a picture if you like, this makes for a  great photo lesson/assignment, what with all the signs and different characters around this great country.)

•  Never physically resist a police officer, always remain polite.
• If stopped for photography, the right question to ask is, “am I free to go?” If the officer says no, then you are being detained, something that under the law an officer cannot do without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. Until you ask to leave, your being stopped is considered voluntary under the law and is legal.
• If you are detained, politely ask what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.
• Considerations when videotaping:With regards to videotaping, there is a whole other set of rules, a visit to the ACLU web site should explain these differences.

Photographing public places: New York Times.

Two photographers were placed in handcuffs for allegedly chasing Michael Jackson’s daughter on the streets of Los Angeles. The men were speeding through red lights to catch up to a car that was carrying 13-year-old Paris Jackson. "Common Sense people, and no breaking the law"

With police known to be harassing and arresting photographers for violating “nonexistent laws,” the NYPD is making it clear, “shooting photos is perfectly legal.” Score one for America!  The department issued an order to all officers, reminding them that,

“Photography and the videotaping of public places, buildings and structures are common activities within New York City . . . and is rarely unlawful.” The order also makes clear that officers cannot “demand to view photographs taken by a person . . . or direct them to delete or destroy images.” |NY Post|

Common  Sense: a Big Daddy photography 101 lesson.  We don’t have rights to do as we please, but taking pictures legally - Click away kids, click away!

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