Posts tagged rights

Literally every day, someone is being arrested for doing nothing more than taking a photograph in a public place. It makes no sense to me. Photography is an expression of free speech.

Since 9/11, there’s been an incredible number of incidents where photographers are being interfered with and arrested for doing nothing other than taking pictures or recording video in public places.

It’s not just news photographers who should be concerned with this. I think every citizen should be concerned.

Mickey H. Osterreicher, general counsel, National Press Photographers Association. New York Times Lens Blog, Criminalizing Photography

Professional and non-profressional photographers need to know their rights.

Here’s a brief primer from us.

If you want to jump straight into the details, the ACLU writes about photographer rights here.

Reporters detained, arrested across the country in "Occupy" protests

The reporters committee for freedom of the press (aka RCFP) talks about reporters rights in covering protests. 

rcfp.org

Milwaukee Journal Sentinel photographer is the latest journalist to be arrested while covering the Occupy Wall Street demonstrations that have sprung up across the nation, raising questions about how police should define and handle reporters documenting the protests.

Please click through for the rest of the article

On Secrecy, War, Teenagers and Headlines

00Last Friday a US drone strike killed US-born Abdulrahman al-Awlaki in Yemen. If the name sounds familiar, it’s because two weeks before a drone strike killed his US-born father. At the time, the US government said that the son was a twenty-something Al Qaeda fighter. A recently released birth certificate shows he was 16. What follows is a back and forth across two articles that focus on the issue, followed by a third, New York Times article that appeared today and calls this relatively new form of warfare a success.

01Glenn Greenwald: Two weeks after the U.S. killed American citizen Anwar Awlaki with a drone strike in Yemen — far from any battlefield and with no due process — it did the same to his 16-year-old son, Abdulrahman al-Awlaki, ending the teenager’s life on Friday along with his 17-year-old cousin and seven other people.

02Amy Davidson: Maybe he was just in the wrong place, like the Yemeni seventeen-year-old who reportedly died, too. Abdulrahman’s family said that he had been at a barbecue, and told the Post that they were speaking to the paper to answer reports said that Abdulrahman was a fighter in his twenties. Looking at his birth certificate, one wonders what those assertions say either about the the quality of the government’s evidence—or the honesty of its claims—and about our own capacity for self-deception. Where does the Obama Administration see the limits of its right to kill an American citizen without a trial?

03Glenn Greenwald: It is unknown whether the U.S. targeted the teenager or whether he was merely “collateral damage.” The reason that’s unknown is because the Obama administration refuses to tell us. Said the Post: “The officials would not discuss the attack in any detail, including who the target was.” So here we have yet again one of the most consequential acts a government can take — killing one of its own citizens, in this case a teenage boy — and the government refuses even to talk about what it did, why it did it, what its justification is, what evidence it possesses, or what principles it has embraced in general for such actions. Indeed, it refuses even to admit it did this, since it refuses even to admit that it has a drone program at all and that it is engaged in military action in Yemen. It’s just all shrouded in total secrecy.

04The New York Times: Another Victory for a New Approach to War

The death of Col. Muammar el-Qaddafi is the latest victory for a new American approach to war: few if any troops on the ground, the heavy use of air power, including drones and, at least in the case of Libya, a reliance on allies…

…[T]he last six months have brought a string of successes. In May, American commandos killed Osama bin Laden in Pakistan. In August, Tripoli fell, and Colonel Qaddafi fled. In September, an American drone strike killed Anwar al-Awlaki, a top Qaeda operative and propagandist, in Yemen.

[C]hanges in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders [and] news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.

Judge Kermit Lipez, US Court of Appeals for the First Circuit, in a ruling in favor of Simon Glik, a Massachusetts man arrested for videotaping police officers with his cell phone as they detained another man. Glik was accused of illegal wiretapping, aiding the escape of a prisoner and disturbing the peace. 

Matthew Ingram, GigaOm, Freedom of the press applies to everyone — yes, even bloggers.

Photographers: Know Your Rights

The ACLU’s published a photographer’s cheat sheet on their rights when shooting in the field (US only):

  • When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view.
  • When you are on private property, the property owner may set rules about the taking of photographs.
  • Police officers may not generally confiscate or demand to view your photographs or video without a warrant.
  • Police may not delete your photographs or video under any circumstances.
  • Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
  • Note that the right to photograph does not give you a right to break any other laws.

Click through for explanations of each, advice on what to do if stopped or detained, exceptions for shooting around airports and special considerations for videography (eg., “With regards to videotaping, there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.”)

Can police detain you for taking photographs? Evidently in Los Angeles they can and do.
In this case, for what could be interpreted as taking crappy pictures.
Via the Long Beach Post:

Police Chief Jim McDonnell has confirmed that detaining photographers for taking pictures “with no apparent esthetic value" is within Long Beach Police Department  policy.
McDonnell spoke for a follow-up story on a June 30 incident in which Sander Roscoe Wolff, a Long Beach resident and regular contributor to Long Beach Post, was detained by Officer Asif Kahn for taking pictures of  a North Long Beach refinery
"If an officer sees someone taking pictures of something like a refinery," says McDonnell, "it is incumbent upon the officer to make contact with the individual." McDonnell went on to say that whether said contact becomes detainment depends on the circumstances the officer encounters.
McDonnell says that while there is no police training specific to determining whether a photographer’s subject has “apparent esthetic value,” officers make such judgments “based on their overall training and experience” and will generally approach photographers not engaging in “regular tourist behavior.” 
This policy apparently falls under the rubric of compiling Suspicious Activity Reports (SAR) as outlined in the Los Angeles Police Department’s Special Order No. 11, a March 2008 statement of the LAPD’s “policy …  to make every effort to accurately and appropriately gather, record and analyze information, of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism.”

Image: A Sander Roscoe Wolff photo before he was detained by Long Beach Police.

Can police detain you for taking photographs? Evidently in Los Angeles they can and do.

In this case, for what could be interpreted as taking crappy pictures.

Via the Long Beach Post:

Police Chief Jim McDonnell has confirmed that detaining photographers for taking pictures “with no apparent esthetic value" is within Long Beach Police Department  policy.

McDonnell spoke for a follow-up story on a June 30 incident in which Sander Roscoe Wolff, a Long Beach resident and regular contributor to Long Beach Post, was detained by Officer Asif Kahn for taking pictures of  a North Long Beach refinery

"If an officer sees someone taking pictures of something like a refinery," says McDonnell, "it is incumbent upon the officer to make contact with the individual." McDonnell went on to say that whether said contact becomes detainment depends on the circumstances the officer encounters.

McDonnell says that while there is no police training specific to determining whether a photographer’s subject has “apparent esthetic value,” officers make such judgments “based on their overall training and experience” and will generally approach photographers not engaging in “regular tourist behavior.” 

This policy apparently falls under the rubric of compiling Suspicious Activity Reports (SAR) as outlined in the Los Angeles Police Department’s Special Order No. 11, a March 2008 statement of the LAPD’s “policy …  to make every effort to accurately and appropriately gather, record and analyze information, of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism.”

Image: A Sander Roscoe Wolff photo before he was detained by Long Beach Police.