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Thread: Law on photography update

  1. #211

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    Re: Law on photography update

    BY THE WAY since we're on the topic.

    No only is the generic and sweeping statement that "public photography is a right" not entirely correct, ALSO the sweeping statement that "there is no right to photography on private property" is also not entirely correct. In many cities, there are public easements over private property - in other words, places that are technically private, but are open to public pedestrian traffic or have historically been used for free speech - and these places are treated like public places for the purposes of free speech analysis.

  2. #212

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    Re: Law on photography update

    Quote Originally Posted by rdenney View Post
    What most of us need is a formula for staying within the protection of the first amendment...
    http://www.largeformatphotography.in...&postcount=109

    Really, I think this will work!

  3. #213

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    Re: Law on photography update

    Quote Originally Posted by BrianShaw View Post
    ... and, a couple of posts later, I offered a free artists statement to go with the kit!!!

  4. #214

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    Re: Law on photography update

    Quote Originally Posted by rdenney View Post
    That's what you need to make your point, maybe. What most of us need is a formula for staying within the protection of the first amendment, given that one seems to exist that does not seem overly narrow. We don't have that now because the definitions have not been tested.
    Yes but if you're really engaged in non-communicative photography, and you want to be able to continue doing so, you surely wouldn't want to resort to LYING to the police now, now would you? by saying that you're engaged in communicatve photography when you're not?! Oh! Surely not!

    IMHO whether you want to show your photos to other people or not should be determinative. The idea that the first Amendment only protects communication to other people is bullshit. The philosophical justifications for the freedom of expression include communicative as well as non-communicative ones. Self-realization, autonomy, the right to be left alone the right to think and experience your life - these are also things that frankly are MORE important and thus more deserving of protection than expressing ideas to others.

  5. #215
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    Re: Law on photography update

    I would not be lying. I really do have a web page.

    But, again, does a person who shows no pictures to anybody really deserve protection under freedom of speech?

    Rick "it means what it means" Denney

  6. #216

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    Re: Law on photography update

    Quote Originally Posted by rdenney View Post
    I would not be lying. I really do have a web page.

    But, again, does a person who shows no pictures to anybody really deserve protection under freedom of speech?

    Rick "it means what it means" Denney
    Just because you have a web page is no proof that the particular photo you're taking is intended to be communicative. Anyway, we don't even know for sure that even placing photos on a web page constitutes "communicative" speech (is there a need to direct a photo to a specific audience?)

    And yes, like I said the idea of free speech is really more fundamentally about free thought. So whether you intend to communicate to others or not should not be determinative of whether you deserve protection

  7. #217

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    Re: Law on photography update

    Quote Originally Posted by rdenney View Post
    But, again, does a person who shows no pictures to anybody really deserve protection under freedom of speech?
    Is a photographer who shows no pictures to anybody like an author whose book sells zero copies?
    Never is always wrong; always is never right.

    www.LostManPhoto.com
    www.MarkStahlkePhotography.com

  8. #218

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    Re: Law on photography update

    Quote Originally Posted by Mark Stahlke View Post
    Is a photographer who shows no pictures to anybody like an author whose book sells zero copies?
    Its issue is really couched in terms of having the "intent to communicate", successfully or not.

  9. #219

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    Re: Law on photography update

    Quote Originally Posted by cyrus View Post
    You just admitted to the "crime" of loitering.

    COP: You standing there, what are you doing!?

    DEFENDANT: Nothing!

    COP: Here's your ticket.
    In what city Cyrus?

  10. #220

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    Re: Law on photography update

    Yes, indeed. Intent seems to be the key to the issue. Lucky for us, intent (or lack thereof) is a difficult thing to prove.

    Cyrus, I wonder if you'd care to comment on how or if the doctrine of prior restraint would affect this whole issue. Could a photographer being cited or even arrested for a trivial infraction like loitering be considered prior restraint?

    PS: Did I get affect right or did I need effect?
    Never is always wrong; always is never right.

    www.LostManPhoto.com
    www.MarkStahlkePhotography.com

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