The Constitution
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Mitchel107
Registered: Aug 17, 2005
Total Posts: 2138
Country: United States


I would like to know the Constitution better with regard to my rights as a photographer.

I'm starting to sift through it at http://www.usconstitution.net/const.html but if you have any points that anyone should look at, go ahead and post it here for everyone. Thanks. 8)



DanBrown
Registered: Feb 09, 2003
Total Posts: 2200
Country: United States

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."



Mitchel107
Registered: Aug 17, 2005
Total Posts: 2138
Country: United States

I should broaden and clarify the meaning in my post.

What I am looking for is a few morsels to read about what the law says that govt/society can and cant do to prevent me from taking photos.

http://www.ushistory.org/declaration/document/index.htm

http://www.constitution.org/billofr_.htm



paulhodson
Registered: Jul 22, 2003
Total Posts: 11934
Country: United Kingdom

This may help you

http://www.krages.com/phoright.htm



Craig Gillette
Registered: Feb 15, 2005
Total Posts: 2199
Country: United States

The Constitution was written almost completely before photography was possible. Several of the amendments follow the invention of practical photography. So it says essentially nothing directly about photography.

The 1st Amendment deals with issues of speech and expression. You will also find a root for patent law and copyright law in Article 2. Section 8, powers assigned to Congress:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

Beyond that the limitations or allowances have developed over time and in local state and federal laws. The legality/constitutionality of these laws can and is contested at times. Neither you nor "the state" have absolute powers nor rights.

You might want to look at Title 18, Chapter 37 Espionage and Censorship of the US Code.

"Privacy" laws are rooted less in statute than in "common law" but are often incorporated in various state civil codes. Here's Brandeis on Privacy:
http://swiss.csail.mit.edu/6805/articles/privacy/Privacy_brand_warr2.html



Mitchel107
Registered: Aug 17, 2005
Total Posts: 2138
Country: United States


Thanks I'll check those out.

especially: root for patent law and copyright law in Article 2. Section 8, powers assigned to Congress:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"



grenadier2002
Registered: Apr 13, 2008
Total Posts: 82
Country: United States

I work for a paper and our law dogs have told us anyone in a public arena...be it a PUBLIC school, street, parking lot, what ever, are fair game to shoot. It is what you do with them after is what gets sticky. For your personal enjoyment...knock yourself out...to published and/or sold for other than editorial use....that is a whole different story.



jebrown
Registered: May 29, 2006
Total Posts: 75
Country: United States

All photographers can and should learn about photography law by visiting Carolyn Wright's site www.photoattorney.com.
Carolyn Wright is both a professional photographer as well as an attorney dealing solely with photography law.



polarbare
Registered: Feb 20, 2008
Total Posts: 102
Country: United States

This issue seems to come up here in MA a fair bit. One instance I found out when I moved here was that I was told that shooting the MBTA (Mass Bay Transit Authority) trains, stations, buses, etc was illegal. I've since found out that it certainly isn't against the law. However although the MBTA has an official document regarding photography, they continue to let everyone (including employees) think that it's against the law.

This seems to be a fairly typical scenario of "what your rights really are vs. what businesses/government/public *think* your rights are"..So now I keep a copy of their own documentation pertaining to photography with me anytime I'm shooting.



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