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-   -   Photography is Not a Crime, It's a First Amendment Right (http://www.photobanter.com/showthread.php?t=105275)

C J Campbell[_2_] April 2nd 09 03:14 PM

Photography is Not a Crime, It's a First Amendment Right
 
On 2009-03-30 16:58:07 -0700, "Stormin Mormon"
said:

As I understand the USA, rights are granted by God. The
Constitution limits the power of Federal government to
infringe those rights.

That said, I doubt photography is covered by the 1
ammendment to the US Constitution.


In fact, case law has repeatedly held that photography is a First
Amendment right. Courts have said that photography represents a right
to both freedom of speech and of the press. It cannot be restricted in
any way unless the government can show an overwhelming public need to
do so or where there is a right to privacy that outweighs the First
Amendment.

Of course, owners of private property are not bound by Constitutional
restrictions on Congress and can prohibit photography on their
property. (You still can't take pictures in the temple without
permission.)

--
Waddling Eagle
World Famous Flight Instructor



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