Re: [Leica] Cops run amok

["Bryan Caldwell" <bcaldwell@softcom.net>]

>>sounds like these people who were on their own
property were well with in these rights, not to mention a little thing
like, say, the first ammendment.<<

While I wholeheartedly sympathize, I'm not sure it's the First Amendment
that protects private individuals from taking a photograph, even from the
vantage point of their own property. They would either have to claim that
they were members of the "press" - difficult to do if the photos are for
their own private use - or that taking a photograph is a form of expressive
conduct and therefore qualifies for protection from government regulation as
speech. There are certainly other theories. Right to privacy, for instance.
Now, the right to privacy that is sometimes held to exist in the federal
constitution is rather nebulous, but many states, including California where
I live, provide for a right to privacy in their state constitutions. Don't
know about Ohio, though.

While not knowing anything about this Ohio incident other than what I read
by following Eric's reference, my guess would be that the police would argue
that the taking of photographs was somehow interfering with their ability to
investigate the accident, secure the scene or assist those involved.
Otherwise I can't image a District Attorney's Office agreeing to prosecute.
Courts give law enforcement tremendous latitude in these areas. (Not that I
necessarily agree).

Bryan

- -----Original Message-----
From: Harrison McClary <mcclary@iname.com>
To: LUG <leica-users@mejac.palo-alto.ca.us>
Date: Thursday, April 08, 1999 9:46 AM
Subject: Re: [Leica] Cops run amok


>>Holy Toledo! Just another example of how the police get confused about
>>their mission: They are supposed to protect the public,
>>but in recent years have begun to see their mission as
>>controlling the public.
>
>Perhaps someone with more recent experience with Media Law could
>comment.....but when I took Media Law as part of my Journalism school
>studies we discussed how one had the right to take photos at the scene of
>an accident/news event on private property untill the property owners
>asked you to leave....sounds like these people who were on their own
>property were well with in these rights, not to mention a little thing
>like, say, the first ammendment.
>
>
>Harrison McClary
>http://people.delphi.com/hmphoto
>preview my book: http://www.volmania.com
>mail to: mcclary@iname.com
>