A Stand for Photographer’s Rights

The right to take photographs in the United States isbeing challenged more than ever. People are being stopped, harassed,and even intimidated into handing over their personal property simplybecause they were taking photographs of subjects that made other peopleuncomfortable. Recent examples have included photographing industrialplants, bridges, buildings, trains, and bus stations. For the mostpart, attempts to restrict photography are based on misguided fearsabout the supposed dangers that unrestricted photography presents tosociety.

Ironically, unrestricted photography by privatecitizens has played an integral role in protecting the freedom,security, and well-being of all Americans. Photography in the UnitedStates has an established history of contributing to improvements incivil rights, curbing abusive child labor practices, and providingimportant information to crime investigators. Photography has notcontributed to a decline in public safety or economic vitality in theUnited States. When people think back on the acts of domestic terrorismthat have occurred over the last twenty years, none have depended on oreven involved photography. Restrictions on photography would not haveprevented any of these acts. Furthermore, the increase in peoplecarrying small digital and cell phone cameras has resulted in theprevention of crimes and the apprehension of criminals.

As the flyer states, there are not very many legalrestrictions on what can be photographed when in public view. Mostattempts at restricting photography are done by lower-level securityand law enforcement officials acting way beyond their authority. Notethat neither the Patriot Act nor the Homeland Security Act have anyprovisions that restrict photography. Similarly, some businesses have ahistory of abusing the rights of photographers under the guise ofprotecting their trade secrets. These claims are almost alwaysmeritless because entities are required to keep trade secrets frompublic view if they want to protect them.

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