RustyBug Offline Upload & Sell: On
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To me, shots like this are pretty simple ... you either feel like agitating people, or you don't. Your choice, but don't cry about the responses when you choose to get in their personal space.
If folks' (meaning us, the photographer) britches aren't big enough to respect that our actions might agitate folks, and be prepared for their unfavorable response ... then folks (i.e. us) should consider whether or not they have the temperament for shooting people on the street. That, or take a moment to consider if they are going about it in the right manner (or not).
Kind of a "What I learned in Kindergarten." type of thing.
The issues of legality and human nature are two very different things. Imo, a good hunter understands the nature of his quest. That goes for hunting animals, and the human kind are included in that. Folks that have developed an understanding of the human element, and have honed their craft in concert with that, make for better street photographers (again, imo).
Jamming a camera in someone's face has become "a thing" that folks think makes for good street photography ... when / where / how that came to be "a thing" is an evolutionary thing that (imo) is a poor excuse for good street photography. Imo, it isn't really what makes a good street photographer. I'm not saying proximity doesn't have its place, but I've seen far too many "proximity" shots that lack anything other than the proximity.
That said ... I get 1st Amendment (I served and defend the Constitution). But, even beyond the legalities that the courts have upheld, is the rudimentary respect we have and show for our fellow human beings. Where each of us draws that line of respect vs. 1st Amendment, is our own call. The 1st Amendment does not support hate speech, and while the image is not in the realm of hate ... our actions with our cameras can still be in the realm of intentionally agitating other people. So, if we are going to play in the playground of agitating others ... buck up and realize that folks are going to express their disdain when we agitate them.
Pretty simple ... agitate people, they get agitated. It ain't rocket science. Mirror check, what agitates us may be different from what agitates others. But, we would rather folks don't go around agitating us, so why should we wonder why other folks would prefer we don't agitate them.
Again, it ain't rocket science ... it's basic human nature. Take your shots ... and don't cry about it when you agitate folks that they have a response you don't like.
If we're gonna shoot folks (and I totally get the aspect of "the moment" vs. permission thing), it ain't no different than hunting lions, tigers and bears, in that if they get upset with you, it's part of the hunt ... buck up, and accept it, or be more stealth, or more respectful, or hunt something else.
Note: This is written as a general perspective, not targeting the OP ... as this has been ongoing for a long time and some folks have somehow come to think they are entitled to agitate folks without a negative reposnse.
People are people. Accept that when you agitate them, you agitate them. It ain't legal beagle, nor rocket science ... it's basic human respect (imo) that they simply don't like, what they don't like.
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