Archived posting to the Leica Users Group, 2013/05/28
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]I think we would all agree that (A) a photographer should have the right to take a picture of anyone in a public area (for a non-commercial purpose - there can be issues about what can be done with the photograph after its taken, but that's for another discussion). We would probably also agree that (B) a line is crossed when a photographer hangs from a helicopter with a fantastic piece of technology that lets him shoot through an upper floor bedroom window of someone to catch them in a private moment - a shot that would be impossible without the helicopter or the techno equipment. Most factual scenarios fall somewhere in between A and B. As I posted previously, taking a photograph is an activity protected by the First Amendment (in the U.S., of course). So is privacy, particularly in one's home and bedroom. Constitutional rights often conflict. This is why we allow the courts to weigh various factors and determine which Constitutional right prevails. Contrary to much popular belief, very few U.S. Constitutional rights are absolute. Bryan