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



 
 
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Old April 2nd 09, 03:25 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 2009-03-30 19:10:07 -0700, frank said:

On Mar 30, 8:07*pm, Savageduck wrote:
On 2009-03-30 16:58:07 -0700, "Stormin Mormon"
said:

As I understand the USA, rights are granted by God.


Morm.
Take a powder.

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.


Photography is a non-speech expression protected under the 1st
Amendment. Educate yourself:http://en.wikipedia.org/wiki/Ist_Amendment

http://en.wikipedia.org/wiki/Freedom..._United_States

--
Regards,
Savageduck


Not quite. There's a big difference between new photography which is
press and everything else. Shoot for a paper or freelance and able to
prove it, much different that guy on the street.


Untrue. Everyone has a right to freedom of expression and the press.
You have the right to 'publish' whatever you want, even if it is on a
bulletin board at work. Professional journalists do not have rights
that ordinary citizens do not have. This has been proven time and again
in the courts. In fact, most of the cases cited in "Photography and the
Law" do not involve professional journalists.


Now, you can shoot what you want unless there are laws against it, but
what you do with an image may get you in a lot of hot water, invasion
of privacy, libel, all that.

I'd argue this article is a bit of a misnomer.

There used to be a good book , Photography and the Law. Don't know if
its updated or still in print, worth a read.

There is a reason ethics and law are taught in journalism schools. Its
not absolute. But, there are always lots of people with way too much
power and egos that think they can break the law.


Photography is no different than any other First Amendment right. You
cannot invade people's privacy, libel them, shout "Fire" in a crowded
movie theatre just to watch people run, etc. There are limits on all
First Amendment rights and those limits apply to photography as well as
any other form of expression. There are no restrictions on photography
that are different from other rights.

I have the book "Photography and the Law" by Bert Krager. He is the guy
who wrote the Photographers' Rights card that has been cited here
several times. The book was last updated in 2008, I believe.

I don't think anyone would disagree that what you are allowed to do
under the law and what you should do (or not do) as a matter of ethics
are two different things. Continual violations of ethics not only hurt
people, they give politicians an excuse to restrict our rights.

--
Waddling Eagle
World Famous Flight Instructor

 




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