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Taking Pictures in Public is Protected

December 28th, 2011 by flanews

If you received a digital camera as a present this holiday season, the ACLU wants you to know your rights. The civil liberties group says the number of people being arrested taking pictures and shooting video in public is growing, even though most photography is constitutionally protected. As Whitney Ray tells us, the group is issuing a pamphlet informing photographers of their rights.

Search “police assault photographers” on Youtube and a barrage of videos appear with cops smacking cameras, tackling photographers, and making arrests that many times are later deem unwarranted.

The US Supreme Court ruled, taking picture or capturing video in public is protected by the first amendment, but you might not know it looking at these videos.

To inform photographers of their rights The ACLU is issuing pamphlets listing photographer’s liberties.

“Taking a picture of a public official or a police officer is protected by the first amendment,” said Howard Simon, Executive Director of the ACLU of Florida.

There are exceptions. A photographer can’t trespass to capture video and if police designate an area a crime scene and put up tape they can force a photographer behind the tape, but they can’t make the photographer stop rolling.

They also can’t take the camera.

“Under no circumstances without a warrant can a police officer seize a videotape camera, destroy photos, or destroy the video tape,” said Simon.

Having a camera doesn’t give people extra rights. If a photographer sticks a camera in an officers face and the action posses a physical threat charges could follow. The ACLU advises people not to fight with police. They say if stopped for taking pictures simply ask if you are free to go. If the officer says no…. the ACLU says politely remind the officer that photography is constitutionally protected.

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