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About this GuideConfrontations that impair the con-

stitutional right to make images arebecoming more common. To fight theabuse of your right to free expression,you need to know your rights to takephotographs and the remedies avail-able if your rights are infringed.

The General RuleThe general rule in the United States

is that anyone may take photographsof whatever they want when they arein a public place or places where theyhave permission to take photographs.Absent a specific legal prohibitionsuch as a statute or ordinance, you arelegally entitled to take photographs.Examples of places that are tradition-ally considered public are streets,sidewalks, and public parks.

Property owners may legally pro-hibit photography on their premisesbut have no right to prohibit othersfrom photographing their propertyfrom other locations. Whether youneed permission from property own-

ers to take photographs while on theirpremises depends on the circum-stances. In most places, you may rea-sonably assume that taking photo-graphs is allowed and that you do notneed explicit permission. However,this is a judgment call and you shouldrequest permission when the circum-stances suggest that the owner is like-ly to object. In any case, when a prop-erty owner tells you not to take photo-graphs while on the premises, you arelegally obligated to honor the request.

Some Exceptions to the RuleThere are some exceptions to the

general rule. A significant one is thatcommanders of military installationscan prohibit photographs of specificareas when they deem it necessary toprotect national security. The U.S.Department of Energy can also pro-hibit photography of designatednuclear facilities although the publiclyvisible areas of nuclear facilities areusually not designated as such.

Members of the public have a verylimited scope of privacy rights whenthey are in public places. Basically,anyone can be photographed withouttheir consent except when they havesecluded themselves in places wherethey have a reasonable expectation ofprivacy such as dressing rooms, rest-rooms, medical facilities, and insidetheir homes.

Permissible SubjectsDespite misconceptions to the con-

trary, the following subjects canalmost always be photographed law-fully from public places:

accident and fire sceneschildrencelebritiesbridges and other infrastructureresidential and commercial buildingsindustrial facilities and public utilitiestransportation facilities (e.g., airports)Superfund sitescriminal activitieslaw enforcement officers

Who Is Likely to Violate Your RightsMost confrontations are started by

security guards and employees oforganizations who fear photography.The most common reason given issecurity but often such persons haveno articulated reason. Security israrely a legitimate reason for restrict-ing photography. Taking a photo-graph is not a terrorist act nor can abusiness legitimately assert that tak-ing a photograph of a subject in publicview infringes on its trade secrets.

On occasion, law enforcement offi-cers may object to photography butmost understand that people have theright to take photographs and do notinterfere with photographers. They dohave the right to keep you away fromareas where you may impede theiractivities or endanger safety. How-ever, they do not have the legal rightto prohibit you from taking photo-graphs from other locations.

They Have Limited Rights to Bother,Question, or Detain You

Although anyone has the right toapproach a person in a public placeand ask questions, persistent andunwanted conduct done without alegitimate purpose is a crime in manystates if it causes serious annoyance.You are under no obligation to answersuch questions in any state and do nothave to disclose your identity or thepurpose of your photography.

If the conduct goes beyond merequestioning, all states have laws thatmake coercion and harassment crimi-nal offenses. The specific elementsvary among the states but in general itis unlawful for anyone to instill a fearthat they may injure you, damage ortake your property, or falsely accuseyou of a crime just because you aretaking photographs.

Private parties have very limitedrights to detain you against your willand may be subject to criminal andcivil charges should they attempt todo so. Although the laws in moststates authorize citizens arrests, such

authority is very narrow. In general,citizens arrests can be made only forfelonies or crimes committed in thepersons presence. Failure to abide bythese requirements usually meansthat the person is liable for a tort suchas false imprisonment.

They Have No Right to ConfiscateYour Film

Sometimes agents acting for entitiessuch as owners of industrial plantsand shopping malls may ask you tohand over your film. Absent a courtorder, private parties have no right toconfiscate your film. Taking your filmdirectly or indirectly by threatening touse force or call a law enforcementagency can constitute criminal offens-es such as theft and coercion. It canlikewise constitute a civil tort such asconversion. Law enforcement officersmay have the authority to seize filmwhen making an arrest but otherwisemust obtain a court order.

Your Legal Remedies If HarassedIf someone has threatened, intimidat-

ed, or detained you because you weretaking photographs, they may beliable for crimes such as kidnapping,coercion, and theft. In such cases, youshould report them to the police.

You may also have civil remediesagainst such persons and theiremployers. The torts for which youmay be entitled to compensationinclude assault, conversion, falseimprisonment, and violation of yourconstitutional rights.

Other Remedies If HarassedIf you are disinclined to take legal

action, there are still things you can dothat contribute to protecting the rightto take photographs. (1) Call the local newspaper and see ifthey are interested in running a story.Many newspapers feel that civil liber-ties are worthy of serious coverage.(2) Write to or call the supervisor ofthe person involved, or the legal orpublic relations department of the

entity, and complain about the event.(3) Make the event publicly known onan Internet forum that deals with pho-tography or civil rights issues.

How to Handle ConfrontationsMost confrontations can be defused

by being courteous and respectful. Ifthe party becomes pushy, combative,or unreasonably hostile, consider call-ing the police. Above all, use goodjudgment and dont allow an event toescalate into violence.

In the event you are threatened withdetention or asked to surrender yourfilm, asking the following questionscan help ensure that you will have theevidence to enforce your legal rights:

1. What is the persons name?2. Who is their employer?3. Are you free to leave? If not, how dothey intend to stop you if you decideto leave? What legal basis do theyassert for the detention?4. Likewise, if they demand your film,what legal basis do they assert for theconfiscation?

DisclaimerThis is a general education guide

about the right to take photographsand is necessarily limited in scope. Forexample, it does not cover importantissues such as publication and copy-right. For more information about thelaws that affect photography, I referyou to my book, Legal Handbook forPhotographers (Amherst Media, 2002).This guide is not intended to be legal

advice nor does it create an attorneyclient relationship. Readers shouldseek the advice of a competent attor-ney when they need legal adviceregarding a specific situation.

published by:

Bert P. Krages IIAttorney at Law

6665 S.W. Hampton Street, Suite 200Portland, Oregon 97223

www.krages.com

2003 Bert P. Krages II

Your Rights andRemedies WhenStopped orConfrontedfor Photography

February 2003