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Photography is Not a Crime, It's a First Amendment Right



 
 
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  #1  
Old March 29th 09, 12:48 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Neil Jones[_4_]
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Default Photography is Not a Crime, It's a First Amendment Right

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right

NJ
  #2  
Old March 29th 09, 02:23 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
[email protected]
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Posts: 121
Default Photography is Not a Crime, It's a First Amendment Right

On Sun, 29 Mar 2009 07:48:59 -0400, Neil Jones wrote:

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right

NJ


I have not checked the reference, but photography can be used
in a way that is a right or is a crime. It is by itself no more or
less of a right or crime than carpentry.
  #3  
Old March 29th 09, 03:26 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Matt Clara[_2_]
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Posts: 111
Default Photography is Not a Crime, It's a First Amendment Right

"Neil Jones" wrote in message
...
Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right

NJ


Looks like Digg done dugg the link too deep--service temporarily
unavailable.

  #4  
Old March 29th 09, 03:36 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
ray
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Posts: 2,278
Default Photography is Not a Crime, It's a First Amendment Right

On Sun, 29 Mar 2009 07:48:59 -0400, Neil Jones wrote:

Very interesting article.

http://digg.com/political_opinion/

Photography_is_Not_a_Crime_It_s_a_First_Amendment_ Right

NJ


Hell of a stretch to get from freedom of speech and press to your right
to photograph any damned thing you want.
  #5  
Old March 29th 09, 08:40 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
C J Campbell[_2_]
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Posts: 689
Default Photography is Not a Crime, It's a First Amendment Right

On 2009-03-29 04:48:59 -0700, Neil Jones said:

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right


NJ

Photography

is a First Amendment right, but there are some limitations -- the same
limitations that apply to all other First Amendment rights.

Certainly, police officers should have no expectation to a right not to
be photographed if they themselves are committing crimes such as
assault, conspiracy to deprive people of civil rights, corruption, and
abuse of authority. That is why we have a First Amendment in the first
place -- it is a tool to protect ourselves against tyranny. In this
case, the police were behaving tyrannically. Small wonder they hate the
First Amendment.

In the cases cited here, it was the police officers who were violating
the law, not the photographers. The police were merely angry because
the photographs were being used as evidence against them. Tough.

--
Waddling Eagle
World Famous Flight Instructor

  #6  
Old March 29th 09, 09:28 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Tony Cooper
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Posts: 4,748
Default Photography is Not a Crime, It's a First Amendment Right

On Sun, 29 Mar 2009 12:40:21 -0700, C J Campbell
wrote:

On 2009-03-29 04:48:59 -0700, Neil Jones said:

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right


NJ

Photography

is a First Amendment right, but there are some limitations -- the same
limitations that apply to all other First Amendment rights.

Certainly, police officers should have no expectation to a right not to
be photographed if they themselves are committing crimes such as
assault, conspiracy to deprive people of civil rights, corruption, and
abuse of authority. That is why we have a First Amendment in the first
place -- it is a tool to protect ourselves against tyranny. In this
case, the police were behaving tyrannically. Small wonder they hate the
First Amendment.

In the cases cited here, it was the police officers who were violating
the law, not the photographers. The police were merely angry because
the photographs were being used as evidence against them. Tough.


My son has a friend (a former class-mate) who is an undercover cop
working drug enforcement. During an arrest awhile back, some
bystander snapped some shots of the "perps" (1) being manhandled onto
the ground. My son's friend took the camera and reformatted the SD
card.(2)

The photographer squealed that he was photographing "police
brutality". The cop defended his action by saying that, as an
undercover cop, he should be able to protect his identity.

Both sides have a point. Police brutality should be exposed, (pun
intended) but arrestees don't always go along quietly. Undercover
drug agents are at risk if their identity is known.

(1) Love that cop talk!
(2) The cop is a pretty good amateur photographer and can work his way
around the Menu of any camera.


--
Tony Cooper - Orlando, Florida
  #7  
Old March 29th 09, 09:47 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
nospam
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Posts: 24,165
Default Photography is Not a Crime, It's a First Amendment Right

In article , tony cooper
wrote:

My son has a friend (a former class-mate) who is an undercover cop
working drug enforcement. During an arrest awhile back, some
bystander snapped some shots of the "perps" (1) being manhandled onto
the ground. My son's friend took the camera and reformatted the SD
card.(2)

The photographer squealed that he was photographing "police
brutality". The cop defended his action by saying that, as an
undercover cop, he should be able to protect his identity.

Both sides have a point.


the cop was very clearly in the wrong. he does *not* have the right to
reformat the card, destroying not just photos of himself but everything
else that was on it. at a minimum, that's destruction of property and
given that he manhandled the perps, i suspect he did the same to the
bystander.

Police brutality should be exposed, (pun
intended) but arrestees don't always go along quietly. Undercover
drug agents are at risk if their identity is known.


his identity is made known the moment he flashed his badge. after
that, there is nothing to protect. he's also in public and is subject
to being photographed. and rest assured that word gets around what the
undercover cops look like, photos or not.

(1) Love that cop talk!
(2) The cop is a pretty good amateur photographer and can work his way
around the Menu of any camera.


that's wonderful, but he broke the law. hopefully the bystander has a
good lawyer and also knows how to run an undelete utility.
  #8  
Old March 29th 09, 10:04 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Ron Hunter
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Posts: 4,064
Default Photography is Not a Crime, It's a First Amendment Right

ray wrote:
On Sun, 29 Mar 2009 07:48:59 -0400, Neil Jones wrote:

Very interesting article.

http://digg.com/political_opinion/

Photography_is_Not_a_Crime_It_s_a_First_Amendment_ Right
NJ


Hell of a stretch to get from freedom of speech and press to your right
to photograph any damned thing you want.


Freedom of the press has been interpreted to allow news photographers to
intrude on the privacy of any person who is 'in the public eye', so I
guess it does. Frankly, a press card shouldn't give one a right to
visually trespass, in my opinion.
  #9  
Old March 29th 09, 10:07 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Ron Hunter
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Posts: 4,064
Default Photography is Not a Crime, It's a First Amendment Right

C J Campbell wrote:
On 2009-03-29 04:48:59 -0700, Neil Jones said:

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right


NJ

Photography
is a First Amendment right, but there are some limitations -- the same
limitations that apply to all other First Amendment rights.

Certainly, police officers should have no expectation to a right not to
be photographed if they themselves are committing crimes such as
assault, conspiracy to deprive people of civil rights, corruption, and
abuse of authority. That is why we have a First Amendment in the first
place -- it is a tool to protect ourselves against tyranny. In this
case, the police were behaving tyrannically. Small wonder they hate the
First Amendment.

In the cases cited here, it was the police officers who were violating
the law, not the photographers. The police were merely angry because
the photographs were being used as evidence against them. Tough.

A free press is essential to maintaining a democracy. Because the US
Founding Fathers had experience with abuses by government, they valued
free press highly, and included that in the first of the 10 amendments
to the Constitution added before the constitution was ratified. Nothing
clarifies the need for a protection like a government that
systematically abuses its people.
  #10  
Old March 29th 09, 10:10 PM posted to rec.photo.digital,rec.photo.digital.slr-systems,rec.photo.digital.point+shoot
Ron Hunter
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Posts: 4,064
Default Photography is Not a Crime, It's a First Amendment Right

tony cooper wrote:
On Sun, 29 Mar 2009 12:40:21 -0700, C J Campbell
wrote:

On 2009-03-29 04:48:59 -0700, Neil Jones said:

Very interesting article.

http://digg.com/political_opinion/Ph...ndment_ Right

NJ

Photography
is a First Amendment right, but there are some limitations -- the same
limitations that apply to all other First Amendment rights.

Certainly, police officers should have no expectation to a right not to
be photographed if they themselves are committing crimes such as
assault, conspiracy to deprive people of civil rights, corruption, and
abuse of authority. That is why we have a First Amendment in the first
place -- it is a tool to protect ourselves against tyranny. In this
case, the police were behaving tyrannically. Small wonder they hate the
First Amendment.

In the cases cited here, it was the police officers who were violating
the law, not the photographers. The police were merely angry because
the photographs were being used as evidence against them. Tough.


My son has a friend (a former class-mate) who is an undercover cop
working drug enforcement. During an arrest awhile back, some
bystander snapped some shots of the "perps" (1) being manhandled onto
the ground. My son's friend took the camera and reformatted the SD
card.(2)

The photographer squealed that he was photographing "police
brutality". The cop defended his action by saying that, as an
undercover cop, he should be able to protect his identity.

Both sides have a point. Police brutality should be exposed, (pun
intended) but arrestees don't always go along quietly. Undercover
drug agents are at risk if their identity is known.

(1) Love that cop talk!
(2) The cop is a pretty good amateur photographer and can work his way
around the Menu of any camera.


Undercover cops are really between a rock and a hard place all too
often. Having their cover blown can be suddenly fatal.
And a certain amount of force is easily justified in the case of drug
dealer arrests.
 




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