Photography Bay

Digital Camera News, Reviews and Tips

  • Reviews
  • Recommended Cameras & Gear
  • Learn Photography
  • Contact
  • About
  • Subscribe

Proposed Texas Law Makes It a Crime to Photograph Police from within 25 Feet

March 16, 2015 By Eric Reagan

Jason Villalba

The Texas Representative Jason Villalba filed House Bill 2918 last week in Texas House of Representatives that attempts to criminalize any photographs, video, audio recording or other documenting of a police officer within 25 feet the officer.

I’ll cut right to chase and tell you that this bill is unconstitutional under the First Amendment of the United States Constitution. No questions asked. This is Constitutional Law 101. There is no way this bill could withstand a constitutional challenge in court.

The bill seeks to amend an existing Texas law that states in pertinent part: [Read more…]

Filed Under: Legal Tagged With: first amendment, law, Legal, photography is not a crime, police, texas

 

University of Alabama’s Trademark Lawsuit Against Artist Dismissed

October 3, 2013 By Eric Reagan

Painting by Daniel Moore

Painting by Daniel Moore

Way back in 2005, the University of Alabama filed a trademark infringement lawsuit against artist Daniel Moore, who created paintings of Alabama football scenes.

These paintings (like the one shown above) included many of the University of Alabama’s properly registered trademarks. Alabama demanded that Moore pay a licensing fee for using the trademarks in his paintings. Moore contended that he was creating artistic portrayals of historical events and, therefore, his works were protected by the First Amendment. [Read more…]

Filed Under: Legal Tagged With: Daniel Moore, first amendment, trademark law, University of Alabama

Photographer Who Photographed Neighbors Through Windows Sees Invasion of Privacy Lawsuit Dismissed

August 13, 2013 By Eric Reagan

Arne Svenson - The Neighbors

Photograph from Arne Svenson’s “The Neighbors”

Photographer Arne Svenson photographed people in a residential building across from his second-floor apartment in New York City. The images ended up in the Julie Saul Gallery in a show, “The Neighbors,” with prints for sale at up to $7500.

The images in the show drew a huge response by the residents appearing the in photos and, ultimately, led to a lawsuit against Svenson for invasion of privacy.

Last week, that case was dismissed in New York State court by Judge Eileen A. Rakower, who ruled that the images were protected by the First Amendment and that they did not violate New York State civil rights laws barring the use of photos for commercial purposes without a person’s consent. The court order specifically noted that “[a]n artist may create and sell a work of art that resembles an individual without his or her written consent.” [Read more…]

Filed Under: Legal Tagged With: Arne Svenson, first amendment, Photos, rights

Government Targets “People Taking Photos of Public Spaces” in Awareness Video

August 16, 2012 By Eric Reagan

[youtube http://www.youtube.com/watch?v=AWaPp-8k2p0&w=640&h=360]

Not only does this video win the cheesy award, but the advice it gives to the target audience (apparently those with drastically reduced IQs) flags warning signs for things both pro and amateur photographers do on a daily basis.

Not really what we need the government telling us right now given the current attitude of law enforcement to photographers in public spaces.

[via Chase Jarvis]

Filed Under: Legal Tagged With: first amendment, law, Photographers, rights

Illinois Wiretapping Law Continues to Be Abused by Police

December 2, 2011 By Eric Reagan

Just, wow.

I’m all for catching the bad guys out there, but this goes too far. As you can see in the above video, the guy who recorded police in public was charged with eavesdropping and faced up to 75 years in jail.  He won the initial case – the local judge dismissed it, citing that the Illinois law was unconstitutional (this should be a complete no-brainer here).

The Illinois legislature and attorney general are apparently idiots though, because the case is being appealed in an effort overturn the lower court’s dismissal.  [Read more…]

Filed Under: Legal Tagged With: Constitutional, eavesdropping, first amendment, Glik, Illinois, photography, police, Posner, wiretapping

Filming Police Acknowledged as First Amendment Right

August 30, 2011 By Eric Reagan

Glik First Amendment Rights Case

Glik Civil Rights Case Holding

 

A federal appellate court recent held that Maryland’s wiretapping statute could not be used to prevent citizens from recording police activity. [Read more…]

Filed Under: Legal Tagged With: constitution, first amendment, law, photography is not a crime

Cell Phone Cameras Offer Powerful Insight to Police Misconduct

July 23, 2011 By Eric Reagan

This video is an interesting look into how modern technology, specifically cell phones, has given average citizens a powerful tool to combat police misconduct.  The examples shown in this video demonstrate why the right to photograph or record video in public is so important.

[via PetaPixel]

Filed Under: Legal Tagged With: 1st amendment, first amendment, freedom, Photographers, rights

Fort Lauderdale Bans Photography as “A Matter of Public Safety” [Updated]

June 23, 2011 By Eric Reagan

A star-studded cast is currently involved in shooting “Rock of Ages” in Fort Lauderdale, Florida and the producers have declared a 3-block area of the downtown area as a no-photography-zone.  Signs posted in the area read as follows:

Warning. No trespassing. Photography of this area is prohibited. Strictly enforced by FLPD. Violators subjet (sic) to arrest. City Ordinance 16-1 [Read more…]

Filed Under: Legal Tagged With: 1st Amentment, constitution, first amendment, Fort Lauderdale, Free Speed, freedom of the press, photography, public places, Rock of Ages

The Government’s War on Cameras

May 27, 2011 By Eric Reagan

The above video from Libertarian website Reason.com takes a look into the legal standing for police to stop and arrest photographers for photographing or filming in public areas.

[Reason via PetaPixel]

Filed Under: Legal Tagged With: 1st amendement, Film, first amendment, freedom of speech, freedom of the press, law, photography, police, video

Atlanta Police Delete Photos from Camera, City Settles $40K

February 16, 2011 By Eric Reagan

As seen in the above video, Marlon Kautz, an Atlanta man attempting to document police activity, had his cameraphone seized after he refused to stop filming them in a public place. Those police officers then deleted the photos/video of the police activity.

In addition to the $40,000 in damages the City is paying to Kautz to avoid a civil rights lawsuit, the Atlanta Police Department is adopting new operating procedures that prohibit police from interfering with citizens who are recording police activity.

It’s nice to see official police procedures catching up with the First Amendment, eh?

[via PetaPixel and AJC]

Filed Under: Legal Tagged With: 1st amendment, first amendment, free speech, freedom of the press, Photographers, photography, police, rights

Support Photography Bay


Recent Posts

  • WD 22TB External USB 3.0 Hard Drive Now In Stock
  • Reader Photos Roundup: March 19, 2023
  • Computational Photography & AI: Where Do We Go From Here?
  • Reader Photos Roundup: January 15, 2023
  • Panasonic Lumix S5 II and S5 IIX Cameras Announced with 6K Video and Improved AF

Pages

  • 2022 Black Friday Camera and Photo Deals
  • About
  • Camera and Photo Deals Newsletter
  • Canon 1D X
  • Canon 1Ds Mark IV
  • Canon 5D Mark III
  • Canon Rebel T4i
  • Contact
  • Disclosures
  • DSLRs
  • How to Subscribe
  • Learn Photography
  • NAB 2016 Live Blog
  • Nikon D4
  • Nikon D800
  • Photography Laws
  • Recommended Cameras & Accessories
  • Reviews
  • Sony Alpha A77

Copyright © 2023 | Photography Bay