The Photojournalist’s Right To Photograph in Public Especially When General Public Using Cameras
July 12, 2009 | Filed Under Legal Issues
The law firm of Covington & Burling issued a legal memorandum to the National Press Photographers Association in regard to the photojournalists right to photograph in public spaces, especially in the presence of the general public using their point-and-shoot cameras. Essentially, if the public is allowed to use their cameras in a public space, then it would be a violation of the First Amendment to restrict the photojournalist’s right to use his or her camera within the same space.
Police or any other government authority do not have the right to target the media with the express purpose of banning them from photographing in a public space if they are going to allow the general public to photograph without restriction as well. This is still a Democracy, ruled by a Constitution that guarantees certain rights, including Freedom of Speech in all its guises.
“Within a public forum, the scope of the media’s right to film is at least as broad as that of the general public. For instance, the government could not single out news cameras for removal (while continuing to allow the public to use cameras) as such action would likely be a content-based restriction that is almost never justified under the First Amendment. Thus, when a government official attempts to remove media personnel from a public sidewalk, the media personnel should (politely) inquire whether the ban extends to general public as well. If not, the government’s actions very likely violate the First Amendment. The government may, however, restrict speech within public forums provided that the restriction does not specifically target the media.”