Yesterday, I asked a hypothetical question about how you would react to a police officer demanding that you delete your photos or hand over your camera after you’ve taken pictures of public buildings while standing in a public place.1 I also linked to a number of articles that provide ample evidence that photographers are being targeted by overzealous police and security personnel “for reasons of national security” and otherwise.
Today, I’m going to offer up some links to resources that you might find beneficial if you ever decide to take a photograph outside your own residence. Considering that so many cell phones have their own cameras, and that cameras are becoming more and more portable, it’s likely that anyone reading this has a camera, and can probably benefit from a bit of knowledge about what freedoms and restrictions exist in the realm of photography.2
Photography Bay — Photography Laws
Photo Attorney (look for the “Photography Not Allowed” posts for more examples of harassment)
Legal Andrew: Photo Law – Your Right to Take Pictures in Public
The Reporters Committee for Freedom of the Press
PhotoSecrets: The Law For Photographers — A free, online guide to the rules of taking and selling photos.
PhotoSecrets Links page
In summary, we find that there is no federal law that justifies the broad
prohibitions that are being imposed on photography in public areas. There is no new federal law,
including the Patriot Act, that restricts photography of public buildings and installations on the
basis of concerns over terrorism. Restrictions of photojournalism that proceed on this basis may
constitute violations of journalists’ First Amendment right to gather news.
The basic rule of thumb is that if the general public has access to a public forum
and may operate cameras within it, the press may do so as well.
Photo Junkie: Photographers Rights
Photos & The Law: The Legality of Urban Exploration Photography
Andrew Kantor: Legal Rights of Photographers
Kantor’s USATODAY photography rights article
Student Media of North Carolina State University: Photographers’ Manual
Feel free to include suggestions of your own in the comments.
- Why, you ask, is a blog devoted to rational activism posting articles regarding a photographer’s right to take pictures in public? Quite simply, State of Protest is dedicated to the elimination of all aspects of irrational, fear-based oppression, whether it be from religious organizations, political factions, neighborhood lynch party groups, or school boards. The photography issue has escalated since 9/11, and we’re all harmed by the misconception that restricting photography somehow ensures national security. While we, as a nation, criticize countries like China for restricting blogger, journalist, and photographer ability to capture and disseminate media critical of the government, we simultaneously create a false requirement of the same restrictions on the basis of national security. All the while, the government continues to increase its ability (and legal right) to invade our privacy with wiretapping, cctv, and other methods of information acquisition.
“Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes.”
– James Madison. Speech at the Virginia Convention to ratify the Federal Constitution, 1788. [<]
- Note that I am not affiliated with any of the individuals or organizations behind these links. I’ve derived the links from my own searches. I’m not being paid to provide any of these links. I am not providing any legal advice, and I am not suggesting that any of the links provide legal, proper, or correct advice. I am not your attorney. If you need legal advice, consult an licensed attorney in the appropriate jurisdiction. [<]
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