Forgot Password
Pentax Camera Forums Home
 

Reply
Show Printable Version Search this Thread
02-25-2016, 02:23 PM   #1
Site Supporter
Site Supporter
luftfluss's Avatar

Join Date: Jun 2011
Location: NJ
Photos: Gallery | Albums
Posts: 5,566
A legal matter resulting from photographing police

Photographers’ First Amendment rights weakened by new Federal District Court ruling

QuoteQuote:
Federal District Court Judge Mark Kearney ruled in the cases Fields v. City of Philadelphia and Geraci v. City of Philadelphia that photographers will be protected by the First Amendment only if the taking of the image is an action of opposition or protest (see below for the full ruling). Taking a photo of a police officer on the job without an accompanying "challenge or criticism" of the officer's actions is not protected by the First Amendment. If a photographer does not exhibit "expressive conduct" while taking the photos then they're not protected.

The Trial Court Opinion

02-25-2016, 02:27 PM   #2
Pentaxian




Join Date: Oct 2011
Location: Savannah, GA
Posts: 5,290
This ruling doesn't make a bit of sense seeing as how it is legal to be filming whatever you can see in a public place when the police are not around, so now you are obligated to put away the camera if police show up? I don't think it will hold up, but nevertheless it is a bad joke that shouldn't have happened.
02-25-2016, 02:43 PM - 1 Like   #3
Site Supporter
Otis FanOtis FanOtis FanOtis FanOtis FanOtis Fan
Site Supporter
Rupert's Avatar

Join Date: Sep 2006
Location: Texas
Photos: Gallery | Albums
Posts: 25,123
The SCOTUS has already ruled on this and is in direct contradiction to the brain dead judge that made such a ridiculous ruling. Perhaps the judge in question needs some legal advice?

Regards!
02-25-2016, 02:44 PM   #4
Site Supporter
Site Supporter
LaurenOE's Avatar

Join Date: Sep 2009
Location: San Francisco Bay Area
Photos: Albums
Posts: 3,633
Photographing Police...is by it's nature a protest/social commentary or whatever.
This will not hold up.
Police exist to - well - Police.
They are not military, but an armed force that is serving and protecting?
Nah, this will definitely not hold up.

02-25-2016, 02:45 PM   #5
Senior Member
aremmes's Avatar

Join Date: Oct 2013
Location: Philadelphia
Photos: Albums
Posts: 215
QuoteOriginally posted by Rupert Quote
The SCOTUS has already ruled on this and is in direct contradiction to the brain dead judge that made such a ridiculous ruling. Perhaps the judge in question needs some legal advice?

Regards!
Yup. This will get thrown out on appeal very quickly, unless the plaintiff has morons for counsel.
02-25-2016, 03:07 PM   #6
Loyal Site Supporter
Loyal Site Supporter




Join Date: Jun 2009
Location: Tumbleweed, Arizona
Photos: Gallery | Albums
Posts: 5,437
Here is another article on the ruling....There is something else at work here. There were a couple of additional references (in this case) to the Third Circuit in previous rulings not supporting specific aspects of the First Amendment in similar cases.

One would think that something like this would be overturned pretty easily - but stranger things have happened.
QuoteQuote:
Ultimately, Judge Mark Kearney's issue seems to stem from the fact that the plaintiffs did not expressly tell police that they were capturing media for the purpose of protesting or otherwise disagreeing with the actions of the police officers being recorded.
Observing is now against the law as well as interfering.

02-25-2016, 03:21 PM   #7
Pentaxian
mattb123's Avatar

Join Date: Apr 2010
Location: Colorado High Country
Photos: Gallery
Posts: 9,073
So maybe you should flip them off while you photograph them to be sure?
02-25-2016, 03:35 PM   #8
Site Supporter
Site Supporter
sholtzma's Avatar

Join Date: Sep 2007
Location: Salisbury, NC
Photos: Gallery | Albums
Posts: 1,021
If this makes people who would otherwise be simply photographing police now have to perform some act of opposition/protest, methinks that the police are not going to like the consequences of this ruling, assuming it stands, which it won't. Remember Goethe: "beware of what you wish for, for you will get it...."

02-25-2016, 05:20 PM   #9
Pentaxian
Digitalis's Avatar

Join Date: Mar 2009
Location: Adelaide.
Posts: 9,540
QuoteOriginally posted by luftfluss Quote
If a photographer does not exhibit "expressive conduct" while taking the photos then they're not protected.
...let me get this straight: if you're doing interpretive dance while taking photos, you should be able to take photographs of every damn thing you see including law enforcement personnel.
02-25-2016, 05:43 PM - 2 Likes   #10
Senior Moderator
Loyal Site Supporter
Loyal Site Supporter
BigMackCam's Avatar

Join Date: Mar 2010
Location: North-East of England
Posts: 12,949
QuoteOriginally posted by Digitalis Quote
...let me get this straight: if you're doing interpretive dance while taking photos, you should be able to take photographs of every damn thing you see including law enforcement personnel.
Oh dear, yet *another* technique I need to work on...
Reply

Bookmarks
  • Submit Thread to Facebook Facebook
  • Submit Thread to Twitter Twitter
  • Submit Thread to Digg Digg
Tags - Make this thread easier to find by adding keywords to it!
court, photography
Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Exposure recommendations from photographing negatives Lowell Goudge Digital Processing, Software, and Printing 13 01-24-2016 01:40 AM
Photographing Dolphins from a Boat Neville Photographic Technique 9 08-29-2013 09:17 PM
Photographing-Recording Police: LEGAL IN USA!! RioRico Photographic Industry and Professionals 31 09-20-2011 06:49 AM
DC Police - Illegal to take photos of people or police in public MRRiley Photographic Technique 109 08-06-2010 10:46 AM
Photographing high rise cityscapes from a helicopter. Lens choice? Unsinkable II Pentax SLR Lens Discussion 16 05-11-2010 02:14 AM



All times are GMT -7. The time now is 03:34 PM. | See also: NikonForums.com, CanonForums.com part of our network of photo forums!
  • Red (Default)
  • Green
  • Gray
  • Dark
  • Dark Yellow
  • Dark Blue
  • Old Red
  • Old Green
  • Old Gray
  • Dial-Up Style
Hello! It's great to see you back on the forum! Have you considered joining the community?
register
Creating a FREE ACCOUNT takes under a minute, removes ads, and lets you post! [Dismiss]
Top