3 ms·

It's been decided filming/photographing in public is a first amendment right in the US. https://www.aclu.org/issues/free-speech/photographers-rights https://ww

It's been decided filming/photographing in public is a first amendment right in the US. https://www.aclu.org/issues/free-speech/photographers-rights https://www.aclu.org/issues/free-speech/photographers-rights

giantg2 4y ago
It's hardly as absolute as you make it sound. For example, I wonder how they come down on upskirt shots? It'd be nice if that link had information related to the current discussion of Tik Tok videos. It's mostly about filming police with very little about the art side, especially the type of "art" these Tik Tok videos can include.
- Clubber 4y ago
  >It's hardly as absolute as you make it sound. Can you cite legal examples of exceptions? I know the police tried real hard to ban people filming them and failed. As annoying as these people are, public photography as a freedom of the press right a large net positive IMO. https://www.acludc.org/en/know-your-rights/if-stopped-photographing-public https://www.acludc.org/en/know-your-rights/if-stopped-photog...
  - giantg2 4y ago
    I did in the prior comment - upskirt photos. You can also see how recording in court rooms is prohibited. Or how recording nudity or partial nudity is prohibited. These are in statute and code (at least in PA, but other states are similar). Also, your police recording example isn't absolute either. I believe circuits are split on that. Even the ones that protect recording have set limits, like being at least 8 feet ways, or not interfering. Public recording may be a net positive, but it's also subject to restrictions (at least as the laws stand now). Edit: Why disagree?
    - dragonwriter 4y ago
      > Even the ones that protect recording have set limits, like being at least 8 feet ways, or not interfering. Interfering with policeis a different thing than recording; an absolute right to record does not imply a right to interfere while recording.
      - giantg2 4y ago
        If it were an absolute right, you wouldn't need to maintain 8 feet of distance, the police would need to maintain 8 feet. Don't forget, even if you are in a courtroom and aren't interfering, you can't record there either. So there are limits, it's not absolute.
- dragonwriter 4y ago
  > For example, I wonder how they come down on upskirt shots? “Upskirt shots”, as the term is generally used, are very much not targeting subject matter in plain view in public spaces, as the linked article describes. But what you probably want to look into, and which the ACLU piece does not address (since it is mainly addressing public art and government officials) is the “right of publicity” (which, however, only a slight majority of US states recognize and protect, with somewhat different parameters in each.)
  - giantg2 4y ago
    Most states have laws that prevent specific plain view recording. That includes if the wind blew up a skirt, if you were sitting on the floor and could see, etc. They also prevent taking nude or partial nude photos in public as well. But how does the right of publicity apply to these videos? Because they fall in the entertainment or reporting category, it doesn't really apply here. Same with paparazzi taking pictures of celebrities.
PeterisP 4y ago
That allows the act of filming, but does it also allow publishing the video for commercial purposes without the subjects' permission?
- Clubber 4y ago
  Yes, otherwise mothers could be arrested for taking a picture of their kids and publishing it on Facebook because some guy was walking in the background.
arcturus17 4y ago
a) There is not only law, there is also decency and respect for others b) Many of us are not in the States

giantg2 4y ago

It's hardly as absolute as you make it sound. For example, I wonder how they come down on upskirt shots? It'd be nice if that link had information related to the current discussion of Tik Tok videos. It's mostly about filming police with very little about the art side, especially the type of "art" these Tik Tok videos can include.

Clubber 4y ago
>It's hardly as absolute as you make it sound. Can you cite legal examples of exceptions? I know the police tried real hard to ban people filming them and failed. As annoying as these people are, public photography as a freedom of the press right a large net positive IMO. https://www.acludc.org/en/know-your-rights/if-stopped-photographing-public https://www.acludc.org/en/know-your-rights/if-stopped-photog...
- giantg2 4y ago
  I did in the prior comment - upskirt photos. You can also see how recording in court rooms is prohibited. Or how recording nudity or partial nudity is prohibited. These are in statute and code (at least in PA, but other states are similar). Also, your police recording example isn't absolute either. I believe circuits are split on that. Even the ones that protect recording have set limits, like being at least 8 feet ways, or not interfering. Public recording may be a net positive, but it's also subject to restrictions (at least as the laws stand now). Edit: Why disagree?
  - dragonwriter 4y ago
    > Even the ones that protect recording have set limits, like being at least 8 feet ways, or not interfering. Interfering with policeis a different thing than recording; an absolute right to record does not imply a right to interfere while recording.
    - giantg2 4y ago
      If it were an absolute right, you wouldn't need to maintain 8 feet of distance, the police would need to maintain 8 feet. Don't forget, even if you are in a courtroom and aren't interfering, you can't record there either. So there are limits, it's not absolute.
dragonwriter 4y ago
> For example, I wonder how they come down on upskirt shots? “Upskirt shots”, as the term is generally used, are very much not targeting subject matter in plain view in public spaces, as the linked article describes. But what you probably want to look into, and which the ACLU piece does not address (since it is mainly addressing public art and government officials) is the “right of publicity” (which, however, only a slight majority of US states recognize and protect, with somewhat different parameters in each.)
- giantg2 4y ago
  Most states have laws that prevent specific plain view recording. That includes if the wind blew up a skirt, if you were sitting on the floor and could see, etc. They also prevent taking nude or partial nude photos in public as well. But how does the right of publicity apply to these videos? Because they fall in the entertainment or reporting category, it doesn't really apply here. Same with paparazzi taking pictures of celebrities.

PeterisP 4y ago

That allows the act of filming, but does it also allow publishing the video for commercial purposes without the subjects' permission?

Clubber 4y ago
Yes, otherwise mothers could be arrested for taking a picture of their kids and publishing it on Facebook because some guy was walking in the background.

arcturus17 4y ago

a) There is not only law, there is also decency and respect for others b) Many of us are not in the States