Archived posting to the Leica Users Group, 2012/08/06
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]What they are denying is the right ANY individual has to photograph in public. His credentials have nothing to do with it. Anyone has the right to take pictures on a public street. In too many places this is NOT an overenthusiastic individual, but a widespread policy to make sure misbehavior is not seen. ric On Aug 6, 2012, at 4:50 PM, Phil Forrest wrote: > In some interpretation, yes. > > The benefit of not having a case go farther up the court is that the > First Amendment is right now very broad and offers a lot of protection. > There is no more specific protection for credentialed journalists than > there is for ordinary citizens and that is how it should be. Once > journalists with credentials have different standards by which they are > protected, then the rights of ordinary citizens will be curtailed. > If one of these cases goes up to a higher Federal court and is upheld > the rights of all citizens in the US will be diminished through a > differentiation of what constitutes a journalist and a concerned > citizen. Once we are grouped into different categories according to our > credentials it is entirely up to the law to determine who has freedom > of the press. > > So, in spite of harassment by low enforcement, this is as good as it's > going to be while LEOs have the power and responsibility to protect > citizens. > > Phil Forrest > > > On Mon, 6 Aug 2012 16:30:34 -0400 > Ric Carter <ricc at embarqmail.com> wrote: > >> So having our rights denied is being done for our own good? >> >> I feel much better now. >> >> ric >> >> >> On Aug 6, 2012, at 3:24 PM, Phil Forrest wrote: >> >>> This will continue because there has been no case that has appealed >>> to a higher court and no court that is willing to try a case that >>> deals with rights we already have specifically enumerated in both >>> state and US Constitutions. >>>> From a law enforcement point of view, this is an obstruction of >>>> justice >>> matter. From a press point of view it is a First Amendment matter. >>> As long as we have a robust justice system that respects the First >>> Amendment we are protected. We are NOT specifically protected from >>> harassment by law enforcement if the issue is a law enforcement one. >>> If cases like these were to go to a higher court there is the risk >>> of our rights being further restricted so as long as we have a >>> right to appeal the obstruction of justice charges and get them >>> dropped (and every one has been dropped in the city of New York) >>> our system is working. The only thing that might help would be more >>> training for law enforcement officers. >>>> From my point of view, as someone who has worked in law enforcement >>> with the Navy, I completely understand the position of LEOs who are >>> wanting to remove all variables from a tense, possibly violent and >>> dangerous situation. Sometimes the press doesn't need closer access >>> to some scenes due to danger and the dynamic environment. A >>> journalist is also a person that the LEOs must protect in such >>> situations so the further complication detracts from them doing >>> their job. These are always cases with lots of nuance and the press >>> is usually very quick to point fingers at law enforcement but the >>> law enforcement point of view in-situ is never known but should be >>> considered before the LEO is condemned. >>> >>> Phil Forrest >>> >>> >>> >>> On Mon, 06 Aug 2012 13:51:53 -0400 >>> Mark Rabiner <mark at rabinergroup.com> wrote: >>> >>>> http://www.nytimes.com/2012/08/06/nyregion/robert-stolarik-times-photographe >>>> r-is-arrested-while-on-assignment-in-the-bronx.html?_r=1&nl=nyregion&emc=edi >>>> t_ur_20120806 or >>>> >>>> http://tinyurl.com/d3mkqbz >>>> >>>> >>>> Not good news. >>>> >>>> >>>> >>>> >>>> Mark William Rabiner >>>> >>>> >>>> >>>> _______________________________________________ >>>> Leica Users Group. >>>> See http://leica-users.org/mailman/listinfo/lug for more >>>> information >>> >>> >>> >>> -- >>> http://philipforrestphoto.wordpress.com/ >>> http://gallery.leica-users.org/v/philforrest >>> >>> _______________________________________________ >>> Leica Users Group. >>> See http://leica-users.org/mailman/listinfo/lug for more information >> >> >> _______________________________________________ >> Leica Users Group. >> See http://leica-users.org/mailman/listinfo/lug for more information > > > > -- > http://philipforrestphoto.wordpress.com/ > http://gallery.leica-users.org/v/philforrest > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information