Federal Judge Says Photographing Police Not Always Protected by 1st Amendment

Discussion in 'Articles of Interest' started by nerwin, Feb 25, 2016.

  1. nerwin

    nerwin Been spending a lot of time on here!

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    What do you think about this? Will we get in trouble for taking pictures of police officers doing their duties?

    Everyone wants to take a photo of a cop on a horse in NYC, will they just get thrown in jail because of that? I think they should be focusing on more criminal activities then some person with a camera that's not causing any harm.

    I'm slightly worried about the future of photography.

    Federal Judge Says Photographing Police Not Always Protected by 1st Amendment


     
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  2. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

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    So now we have to 'be critical' of the po-po in order to exercise our 1A rights?

    That's a very bad precedent.
     
  3. Designer

    Designer Been spending a lot of time on here!

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    "An appeal is reportedly planned in response to Judge Kearney’s decision."

    NSS

    FIFY
     
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  4. nerwin

    nerwin Been spending a lot of time on here!

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    I swear none of them read the constitution.
     
  5. pjaye

    pjaye TPF Supporters Supporting Member

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    Why are you worried about the future of photography because of this decision?
    I really dislike the argument "they should be focusing on more criminal activities". I see that argument all the time. Different police forces have different officers doing different jobs in different departments. One officer doing his job that might focus on a bylaw or something that is not a violent crime does not mean that other crimes aren't being focused on. It's an argument that makes absolutely no sense to me.

    As for taking pictures of a police officer on a horse, there's this really cool think that sometimes works, it's called asking. Every time I've asked, they have never had an issue.
     
    Last edited: Feb 25, 2016
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  6. Designer

    Designer Been spending a lot of time on here!

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    This is what we get when judges find their law degrees in a box of Crackerjack.©
     
  7. Designer

    Designer Been spending a lot of time on here!

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    Or they "read" it without comprehension.
     
  8. Gary A.

    Gary A. Been spending a lot of time on here!

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    That really sucks. In a public venue, generally, most anything is free game. The police should not have any additional privileges above and beyond an average citizen. So what if you're in Times Square and shoot a scene, photograph a corner where there's an undercover cop ... does that give him/her the right to arrest you? You take a selfie and there'a a cop in the background, how about surveillance cameras, must they be turned off for fear of videotaping cops ... et cetera.

    I think the interpretation used by the judge, is really really reaching for a way to limit photography in public. I think this is a real trampling of our 1st Amendment rights.
     
  9. Gary A.

    Gary A. Been spending a lot of time on here!

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    Oh he understands the Constitution, which is why he is making the decision 'limited'.
     
  10. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

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    So if I start taking pictures of cops, the minute one grabs me I'm protected by the First Amendment only if I spit on them and start screaming about the violence inherit in the system?

    Well sure.. because that makes.. umm.. perfect sense.
     
  11. nerwin

    nerwin Been spending a lot of time on here!

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    Not where I live, they mostly sit in their cruisers glued to their phones instead of policing. I know more populated areas have bigger departments and officers assigned to different tasks. But I just don't see the point in a cop giving someone a fine or worse, jailed for someone taking picture of them doing their duties in a public area. I agree though, I should have worded it different, my bad.

    But I'm not worried about the future of photography just because of this story. I've been hearing a lot about photography being a crime and if this trend continues and people become even more afraid....who knows...
     
  12. pjaye

    pjaye TPF Supporters Supporting Member

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    Interesting, I have not heard a lot about photography being a crime. I have heard about photographing certain things/activities being illegal but not photography itself being a crime.
    I'm sorry you have issues with your police department, I don't have that issue here. Our officers work hard, are very engaged and have a large community presence.
    And you do realize that the police have no choice but to enforce the law right? They are not responsible for creating the laws, but their job, by definition, is enforcing those laws.
     
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