rights of a photographer

Rights of a Photographer

Last Updated on July 25, 2021 by PixelPluck

The rights of a photographer are subjected to local laws and regulations. In most countries, it is rightful to photograph anything present in public space. In this article, you will read the Rights of a Photographer according to US laws.

Taking photographs of things that are visible from public spaces is a constitutional right. It includes federal buildings, transportation facilities, and police, and other government officials carrying out their duties. Unfortunately, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs from public places and harassing, detaining, and arresting those who fail to comply.

Your Rights as a Photographer

Public spaces

When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.

Rights of a Photographer - Card
Rights of a Photographer

Private Property

When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner’s rules, they can order you off their property (and have you arrested for trespassing if you do not comply).

Law Enforcement Agencies

Police officers may not generally confiscate or demand to view your photographs or video without a warrant. If you are arrested, the contents of your phone may be scrutinized by the police. Although their constitutional power to do so remains unsettled. In addition, courts may approve the seizure of a camera in some circumstances. Especially if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves (it is unsettled whether they still need a warrant to view them).

Deletion of Photo

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. Professional officers, however, realize that such operations are subject to public scrutiny, including by citizens photographing them.

Note that the right to photograph does not give you the right to break any other laws. For example, if you are trespassing to take photographs, you may still be charged with trespass.

Stopped or detained for taking photographs

What to do when you are stopped or detained for taking photographs? If you are stopped or detained for taking photographs then follow these simple steps:

Be Polite

Always remain polite and never physically resist a police officer. Being rude will further complicate the case against you.

Ask valid questions

If stopped for photography, the right question to ask is, “Am I free to go?” If the officer says no, then you are being detained, something that under the law an officer cannot do without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. Until you ask to leave, you’re being stopped is considered voluntary under the law and is legal.

Remind First Amendment Right

If you are detained, politely ask what crime you are suspected of committing. Also, remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

photographer trespassing
Do not Tresspass when Photographing

Shooting Videos

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.

  • Such laws are generally intended to accomplish the important privacy-protecting goal of prohibiting audio “bugging” of private conversations. However, in nearly all cases audio recording the police is legal.
  • In states that allow recording with the consent of just one party to the conversation, you can tape your own interactions with officers without violating wiretap statutes (since you are one of the parties).
  • In situations where you are an observer but not a part of the conversation, or in states where all parties to a conversation must consent to taping, the legality of taping will depend on whether the state’s prohibition on taping applies only when there is a reasonable expectation of privacy. But that is the case in nearly all states, and no state court has held that police officers performing their job in public have a reasonable expectation. The state of Illinois makes the recording illegal regardless of whether there is an expectation of privacy.

The ACLU believes that laws that ban the taping of public officials’ public statements without their consent violate the First Amendment.

Photography at the Airport

Photography has also served as an important check on government power in the airline security context.

The Transportation Security Administration (TSA) acknowledges that photography is permitted in and around airline security checkpoints as long as you’re not interfering with the screening process. The TSA does ask that its security monitors not be photographed, though it is not clear whether they have any legal basis for such a restriction when the monitors are viewable by the traveling public.

The TSA also warns that local or airport regulations may impose restrictions that the TSA does not. It is difficult to determine if any localities or airport authorities have such rules. If you are told you cannot take photographs in an airport you should ask what the legal authority for that rule is.

These rights are specific to the United States of America and are subject to local laws. Ensure that you do your research before taking photographs at any sensitive locations or even public spaces. Be polite and take permission when you are photographing strangers.

Note: This information is as per the Laws of the USA and is available on the ACLU website.

Read more about ACLU.


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