[Leica] news photos on private property (was sneak thief photographers!)

[Harrison McClary <harrison@jnlcom.com>]

Francois,

I was commenting on how the law in the United States looks at the 
gathering of news on private property.  If something of newsworthy 
interest occurs on private property and the police grant you access under 
the "public right to know" then you are well within the law to 
photograph.  However, if you are asked to leave by the property owners, 
you are supposed to leave and quit shooting on the premises.  TV often 
ignores this ruling filming the entire time they are being escorted out.

This ruling was from a case in the late 60's early 70's in which there 
was a house fire in or near Jacksonville, Fla.  A young girl was killed 
in the fire.  The photographer from the local paper was allowed into the 
scene to photograph by the police/fire department.  He made a photo of 
the silhouette on the floor where the girl was killed. (this photographer 
happens to be my best friend so I have gotten this story first hand, as 
well as studying the case in Media Law in college and reading about it in 
Ken Kobre's photojournalism book)

The photo ran in the next days paper with a story on the fire.

The girls parents were out of town and upon returning they saw the story. 
 They sued the paper claiming their privacy had been violated as the 
photo was made on private property.

The courts ruled that the paper was well with in the law as a news 
gathering organization, and no privacy had been violated.

Please note that I am NOT commenting on my feelings on doing this, nor am 
I saying the parents were wrong to feel violated.  I can't imagine how I 
would react to seeing such a photo, even though it is the kind of thing I 
have covered for the majority of my life.  The original poster was 
wanting to know about the legality of photographing people for newspapers 
in the United States, and that is what I was commenting on.

I have been threatened with arrest many times while covering news events, 
most news photographers have had run ins with police who do not 
understand the law and react according to personal feelings, such as you 
stated.  Personal feelings and what is legal are two entirely different 
things. Often news photographers have to cover things they don't like 
covering, are in situations that are dangerous and scary.  It is our job 
to get the photos that inform people of what has happened.

One incidence where I was threatened with arrest I was covering the 
arrest of a juvenile who had shot a "friend" between the eyes with a 22 
while playing basketball.  The police informed me that since the boy was 
a minor it was illegal for me to photograph him and that if I made any 
photos they were going to arrest me.  

I radioed my editor told him what was up and they said "shoot the photos, 
we'll bail you out of jail and sue the PD, and we will make the 
determination on if to publish the photo of a minor."  I was standing on 
a public street photographing the police walking him down a public street 
to the cruiser.

I have shown up at news scenes and had police tell me that I can't 
photograph.  These news events were on public property and to tell me I 
can't photograph is just not right.  As long as I stay out of the way, 
outside of the crime area and do not block any access for emergency 
personnel I can photograph.  And I ALWAYS made sure to park way out of 
the way.  The absolute last thing I ever wanted to do was cause someone 
to die because I had parked and blocked the access of an ambulance or 
other emergency vehicle.  I have seen many TV cars pull right up and 
block the whole road and such and can understand why police get 
frustrated with the media and just jump on anyone with the media.  Heck 
if I was a cop and had to deal with the way some of my fellow journalists 
act to them I would get sick and tired of it also.  I always treat the 
police with respect and in every city I worked in I became friends with  
both the police and fire departments and usually got access where others 
were denied.

But as a news photographer, no matter how hard you try, you will find 
yourself at odds with the police at times.  And then you have to know 
when to stand your ground and when to back down.  Much of this is just 
learned from experience.

FBrunelle@aol.com wrote

>Harrison,
>I do not agree with your prior statement.  I believe that if you are on
>private property, it is common sense that you know you should not be there in
>the first place without permisssion.  Publication of any photo without the
>consent of the owner of the grounds where you stand would seem to me as
>trespassing on his/her rights to privacy.


Harrison McClary
http://people.delphi.com/hmphoto
new book at http://www.volmania.com