NPPA Releases Memo On Photographers Rights To Take Pictures In Public Places

[chad thomas]

NPPA Releases Memo On Photographers'
Rights To Take Pictures In Public Places


PHOENIX, AZ (August 27, 2005) – It’s been almost four years since the September 11 terrorist attacks on the World Trade Center and Pentagon, and in that time photojournalists have faced an increasing wave of harassment and obstacles – often in the name of national security – while trying to do their work.

“The National Press Photographers Association has been called upon time and time again to speak out on behalf of photojournalists’ rights and to fight efforts to limit or prohibit photography in public places and of public facilities,” NPPA president Alicia Wagner Calzada said today as she opened the Women In Photojournalism Conference at the Pointe Hilton Tapatio Cliffs Resort in Phoenix, AZ. "Last year there was an attempted ban on all photography in the New York City subways and on the Metropolitan Transit Authority busses, and a successful fight to defeat the proposal was led by the NPPA and other media groups."

“Photojournalists clearly have a Constitutional right guaranteed by the First Amendment to make photographs in public places. But often law enforcement officials and security agencies believe – wrongly so – that in the name of homeland defense there are new federal laws that somehow give them additional rights to restrict photography. This is just not the case.”

To clarify the issue, NPPA asked attorneys Kurt Wimmer and John Blevins of the Washington office of the Covington & Burling law firm to produce a memorandum outlining the rights of photojournalists to make pictures in public places. The memorandum, released by NPPA and Calzada today at the Women In Photojournalism Conference, concludes: "No specific post-September 11 federal law grants the government any additional rights to restrict visual newsgathering, photojournalism, or photography in general.”

Singled out from their memorandum are these significant points:

* The Constitution protects the media’s right to freely gather news, which includes the right to make photographs in a public forum;

* There is no federal law that would prohibit photography in public places or restrict photography of public places and/or structures;

* Any restrictions that the government does impose would need to have supporting evidence that it was essential for public safety. The burden is on the government;

* Government officials cannot single out news cameras for removal while continuing to allow the general public to remain in a location, particularly if the public is taking pictures;

* When journalists are denied access, they should avoid confrontation and arrest and instead gather as much information as possible so that they can later seek relief through proper channels.

The memorandum is published here as a downloadable Acrobat .PDF file as a public service for distribution to journalists and newsgathering organizations.

“We encourage all news organizations to consult with their own attorneys regarding the best procedures for dealing with overzealous police and security guards,” Calzada said. “And it is a good idea to have a plan of action before an incident occurs. Please download the entire memorandum from the NPPA Web site and review it with your staff, supervisors, and editors.”

For more information please contact Calzada at [e-mail].

[eastside]

A good reminder of our rights as US citizens. We had a thread on this earlier in the year:
http://www.trains.com/community/forum/topic.asp?page=-1&TOPIC_ID=37959&REPLY_ID=392717#392717

[ChuckCobleigh]

The link to the NPPA document


http://www.nppa.org/news_and_events/news/2005/08/rights.pdf

[UPTRAIN]

I sure get tired of all the cops and dumb @$$ people reporting me as a middle eastern person and trying to take my rights...

[Anonymous]

Thanks for the link and the posts. In today's climate of despair, it's good to reiterate the fundamental truth that photographing trains from a public place is NOT illegal.

[RudyRockvilleMD]

For Chuck Cobleigh, thanks for posting the link to the NPPA document. The memo helps to support my contention that it is legal to photograph trains, or almost anything, from public properety. If don't know if Jim Wrinn plans to send copies of his editorial, "Dear Police Chief," to the chiefs or the superintendents of all police or sheriffs' departments, but if he does, he should include a reference or a link to the Covington and Burling memorandum to the NPPA.

[Anonymous]

There are some points in this release that may apply to rail fans, however keep in
mind there is a big difference between accredited press photographers and railfans
plying their hobby.

Few security types will cut what they think is a railfan nut ball any slack. We don't have the threat of media exposure to tone down any surly guards who think they are defending America from the railfan hordes.

One can always use legal action to settle such issues. In reality, litigation is a lengthy,
expensive and often not worth the effort.

A little common sense goes a long way in avoiding a confrontation.

No need to stop railfanning. I have had the Feds visit my house, asking about my
activities. They were very polite and had no problem with me. I'm still out there,
railfanning and I don't feel so put upon.

Don't let this this kind of thing get you down, get out and railfan!

[Anonymous]

QUOTE: Originally posted by KCMOWMAN

There are some points in this release that may apply to rail fans, however keep in
mind there is a big difference between accredited press photographers and railfans
plying their hobby.

WRONG, wrong, wrong.

Reread the first amendment. It doesn't matter if you're videoing a train for Channel X, or for your own collection. Both types have an equal right to make those video from public property.

As a press guy, you may get some slack from the cops as a courtesy, but it's not nearly as much as you might think. I grant there are some differences between someone who's paying the mortgage with a press photographer job, and a railfan who's just a foamer. But the underlying law is the same. Press people are more dependent on just plain folks who want to take pictures than they will care to admit.

[Anonymous]

QUOTE: Originally posted by UPTRAIN

I sure get tired of all the cops and dumb @$$ people reporting me as a middle eastern person and trying to take my rights...

That bottom feeding scum! [:(!][:(!]

[Anonymous]

QUOTE: Originally posted by trainman2244

QUOTE: Originally posted by UPTRAIN

I sure get tired of all the cops and dumb @$$ people reporting me as a middle eastern person and trying to take my rights...

That bottom feeding scum! [:(!][:(!]

[#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto][#ditto


YES TO BOTH OF YOU!!!!!!!!!!!!!!!!! WELL PUT!!!!!!!!!!