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The Constitution does not give you any rights as a photographer, or any other profession for that matter. If fact, the Constitution does not give anyone rights. The Declaration of Independence, in contrast to the prevailing opinion that rights were granted from a ruler, declared that rights are inherent in the individual. The Constitution describes a fairly narrow model of government, and, in the "Bill of Rights" sets forth a series of "thou shall nots" which direct the government not to impede or infringe on those rights. Many people have fallen into the trap (and our schools don't seem to teach the truth) that our rights are given to us in the Constitution, but as I said previously, our rights are inherent in our humanity. Individuals have no constitutional rights. They already have all the rights the Creator gave them. Individuals acting as government officials, though, only have those rights permitted them by the Constitution.
For example, the Constitution does not grant us the right of free speech. We have that right implicitly. The Constitution restricts the power of the government to interfere with that right. As a photographer, you have the same rights as any other individual. But you cannot infringe on the rights of others without their consent, because your rights do not supersede theirs. And as the old saying goes, "therein lies the rub."
Edited on May 03, 2008 at 03:26 AM
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