Did you know that photographers and film makers are protected by the Bill of Rights here in The United States? If you're a street photographer like I am, chances are you've had a run in with the Police or some sort of Security Gard.

A lot of people do not realize that photography and film are considered to be freedom of speech (even the ones we turn to to know the laws). And if you are on public property shooting photographs or filming people, buildings, etc. you have the right to do that.

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

You can be in the street, on the shoulder, on the side walk and take pictures of buildings, people, events, even police officers and it's perfectly legal.

So what happens if a security guard or police officer comes along and says you can't take pictures?

Ask them why? The answer will be 9/11 in most cases.

Well you are not doing anything wrong (for example, you're not trespassing or hurting anyone) so you don't have to do anything if you don't want to.

A lot of times photographers will be asked to leave the area, I usually do then come back later to a different spot that is still in a public area. (If you are on private property then you could be prosecuted for this. Make sure to get permission first!)

You could be asked for your name or to show identification; I usually comply, I've done nothing wrong though you may choose differently and it could result in going to jail. It's not entirely wrong to not show it your ID. (Papers Please)

When someone asks for your information, get theirs too. I always make sure to get their business card with either the police officer's information or the Gard's info so I can remember who they are.

Now, if the person who has approached you has told you to remove your photos (deleting or opening the back of your camera to expose the film) don't do it! These are your photos, your property you are the only one that is able to decide if you will keep or delete the photos. They can ask you to destroy them but that is all they can do is ask.

If the person says they are going to detain you or take your camera, they don't have the right to do that either, that infringes on your 4th Amendment right:

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If a security guard or other person other than a police officer detains you, call the police this is a form of kidnapping--keeping someone against their will. If it is an officer this is a clear violation of your Civil Rights, they have to have probable cause and a warrant to "investigate" your belongings and arrest you. Never ever give anyone your camera or equipment!

Something I like to carry around with me is a copy of The Photographer's Rights document that is a little dated but basically states the above. I also carry a copy of The Bill of Rights so I may show whomever is questioning me what the law is. Security Gard's do not know the law, they just know what their boss has told them so it's good to educate them.

So next time you go out to shoot remember these things and it is always good to be polite and patient, usually by explaining what's going on and being friendly. I usually find out other places I can go shoot and because I've already had "a talking to" I don't get bothered again.

A lot of the above is true for those of you guys living in the UK. Again as long as you are on public property you have the right to be there and use your camera.

Related Links:

The Bill of Rights

The Photographer's Right

Youtube Video Interview of one Film Maker and the MTA

Photographers Rights And The Law In The UK

Photographers Stand Up For Their Rights