Archived posting to the Leica Users Group, 2013/05/28

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Subject: [Leica] a photographer sued
From: bcaldwell51 at earthlink.net (Bryan Caldwell)
Date: Tue, 28 May 2013 11:04:46 -0700 (GMT-07:00)

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




Replies: Reply from mark at rabinergroup.com (Mark Rabiner) ([Leica] a photographer sued)