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[quote]QUOTE: Originally posted by Limitedclear [quote]QUOTE: Originally posted by Lotus098 [quote]QUOTE: Originally posted by wabash1 train junky you also must remeber that where i work we dont use the gcor . you can wave at me what you like if you take a pic of me with out my permission your gonna lose either film or a camera. then go and report me. wont mean anything to me or my boss. I am not scared and i do work for the NS. In other words you show respect and most railroaders will show it back to you. but come off like you are god and wave rules that dont even apply or taken out of text . and tell them you have the right to do as you want . lets just say i hope you grow up before that happens . [/quote]YOu make it sound as if I need permission even if I am not on railroad property! We have a right to take the pictures, you have a right not be encroached upon. So unless a railfan is trespassing, they may take as many pictures as they want. [/quote] Lotus - I am always amused when someone says they have the "right to take pictures". Please show me where that right is published in the law. It isn't in the U.S. Constitution, nor is it in the Constitution of any state that I am aware of. Also, such a right is not granted by staute. The simple fact is that you have a qualified right to take photographs given to you under the First Amendment. Notice I said qualified. Our rights to free speech are delineated by the Supreme Court depending upon the type of forum involved and the type of speech. For example a public forum such as a street corner or public park is held to have the least restriction while military bases, and industries (Such as Railroads) are held to be private forums where speech can be completely restricted. Other areas such as shopping malls and commercial areas are deemed semi-public forums and have a middle level of restriction. Also, the type of speech is subject to analysis. For example, dangerous speech such as that which incites violence can be completely restricted (note that there are even more restrictions on speech of this type since 9-11). More customary speech is less restricted and political speech is particularly protected. So, as you can see, you don't have an absolute right to take photos on even public property. I haven't even gotten into the possibilities of civil lawsuits based upon use of photos of people without their permission which is a completely separate area of the law concerning individual privacy. It is always better to use courtesy and caution, than it is to assert a "right" which in fact is not absolute. LC [/quote]So, should I go and bug the yardmaster before I take some shots of his crew boarding a train, or stop a train to ask the engineer? No, I do not see a restricted right to take pictures from public property. Basically I can encroach upon the railroads by trespassing, just as I can encroach on someone by disturbing the peace, which means we don't have total free speech, you can't yell fire in a crowded room. Now show me the law that enables some jerk to decide he doesn't want to be in my picture. Why can he encroach on me and take my film? The only reason we don't have total free speech is that it encroaches on someone else’s rights, or may be dangerous to our people; other than that I can say anything I want.
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