Photography is Not a Crime

Apparently there is an increase in photographers, both pro and amateur, being harassed by police for taking pictures. It seems to have picked up since 9-11 and police will sometimes site this as a reason in their attempts stop photographers from snapping away. However, it isn't always the police who are the culprits as security guards have made attempts to detain and even disarm photographers of their equipment. It turns out that the very people who we assume to know the law, in fact, many times do not.

More after the jump...

Here's the reality. Police in the United States of America do not have the right to stop you from taking pictures in a public area even if you are taking pictures of the police. (Unfortunately, due to recent legislation, this is no longer the case in Great Britain) As long as you are on public property you are not only allowed to take pictures but those who stop you are most likely breaking the law by doing so. Neither the Patriot Act nor the Homeland Security Act contain any restrictions on photography but both of these documents have been cited as reasons to stop the legal use of a camera in public places. The fact is you can photograph anyone and anything from public property as long as there is no reasonable expectation of privacy. In other words, if you can see the cool looking pipes of an oil refinery from the road, you can take pictures. The refinery security cannot stop you. If John Doe wants to take pictures of the crowd at a parade, he can.

Photographs of events, places and people, even law enforcement, have been key in molding the laws of our country. It has been instrumental in the fight for civil rights. It has aided in law enforcement with solving crimes. It has routed out abuse. Historically, if there had been restrictions on photography our society would not enjoy the human rights we now take for granted.  Historically, if there had been restrictions on photography,  not one single act of terrorism to date would have been avoided.

So, what is a person to do if the uneducated try to stop them from taking a picture? Try educating the offender. Hand them a copy of "The Photographer's Right" by Bert P. Krages, Attorney at Law. You can grab a free copy at his web site, http://www.krages.com/phoright.htm. I always keep several copies with me that are highlighted in key areas.

Interested in the horror stories of photographers who have been accosted in the name of security? Check out Photography is Not a Crime.

More to come...