Archived posting to the Leica Users Group, 2013/05/28

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Subject: [Leica] a photographer sued
From: mark at rabinergroup.com (Mark Rabiner)
Date: Tue, 28 May 2013 23:54:46 -0400

A long lens is not a " fantastic piece of technology" nor is a helicopter.
I think we'll find that "reasonable expectation of privacy" is not sitting
in your condo high rise in front of huge wall to wall widows  facing a
million others with no shades of any kind drawn.



On 5/28/13 2:04 PM, "Bryan Caldwell" <bcaldwell51 at earthlink.net> wrote:

> 
> I think we would all agree that (A) a photographer should have the right to
> take a picture of anyone in a public area (for a non-commercial purpose -
> there can be issues about what can be done with the photograph after its
> taken, but that's for another discussion). We would probably also agree 
> that
> (B) a line is crossed when a photographer hangs from a helicopter with a
> fantastic piece of technology that lets him shoot through an upper floor
> bedroom window of someone to catch them in a private moment - a shot that
> would be impossible without the helicopter or the techno equipment. Most
> factual scenarios fall somewhere in between A and B. As I posted 
> previously,
> taking a photograph is an activity protected by the First Amendment (in the
> U.S., of course). So is privacy, particularly in one's home and bedroom.
> Constitutional rights often conflict. This is why we allow the courts to 
> weigh
> various factors and determine which Constitutional right prevails. 
> Contrary to
> much popular 
>  belief, very few U.S. Constitutional rights are absolute.
> 
> Bryan
> 
> 
> 
> _______________________________________________
> Leica Users Group.
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-- 
Mark William Rabiner
Photography
http://gallery.leica-users.org/v/lugalrabs/




In reply to: Message from bcaldwell51 at earthlink.net (Bryan Caldwell) ([Leica] a photographer sued)