Why Photography Bullying is Illegal, and You Don’t Have to Take It [Police]

We\’ve previously covered how, despite camera ubiquity, amateur and journalistic reports of police, security guards, and other authority figures of varying legitimacy intimidating harmless photographers continue to pop up. Popular Mechanics explains why this harassment isn\’t just wrong, but illegal.

Instances of such intimidation-misguided at best, but often outright thuggish-occur anywhere from shopping malls to public streets, and infrequently go down when citizens try to document an arrest or other police action. And while Popular Mechanics\’ Glenn Harlan Reynolds notes that mall cops can have a legal basis for asking you to place your camera away, public property (similar to any sidewalk, street, or municipal area) is often fair game.

Reynolds cites Bert Krages, an attorney that specialize in photography law (very cool!), who explains \” The final rule is that if something is in a public place, you\’re entitled to photograph it.\” And there\’s nothing within the the Patriot or Homeland Security acts that claims otherwise, contrary to what a misinformed officer might attempt to inform you. You snapping a pic of a police traffic stop is not any more a privacy violation than a wide-eyed tourist photographing a Times Square Sbarro.

But what about terrorism? Still not an excuse. As Bruce Schneier, head of security technology for British Telecom points out, the notion that terrorist conspirators photograph their targets is an overblown one: \” Observe the 9/11 attacks, the Moscow and London subway bombings, the Fort Hood shooting-no photos.\” Rather, Reynolds argues, a camera within the hand of every pedestrian can only serve to foil potential plotters.

If you or someone you know is menaced by police who claim you\’re breaking the law by merely hitting the shutter, Reynolds advises to-politely-ask what legal authority they need to stop you, and to talk with a supervisor. But the single permanent fix can be an emphasis on educating guards and police, or the kind of legislation recently introduced by Congressman Edolphus Towns.

Taking photos through your ex-girlfriend\’s window continues to be very, very illegal, however. [Popular Mechanics]
Images via stevendepolo, BAR Photography, and jason.kuffer

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This post is tagged: Bullying, illegal, Photography, why, [Police]