Know Your Rights
In the past few years, with the proliferation of cell phone cameras there has been a significant uptick in conflicts related to recording images in public. In most cases, police and other government officials overstep their authority by trampling upon the rights of visual journalists. In addition, government officials and law enforcement agencies throughout the nation have erroneously relied upon the Patriot Act and post-9/11 anti-terrorism efforts in a push to limit photography in public places.
Below find links and documents that may be helpful in understanding and asserting your right to photograph and record. There are other useful documents for such things as copyright.
DISCLAIMER – This section is not intended to be legal advice nor does it create an attorney-client relationship. Laws and regulations vary from one area to another and federal, state or local laws may apply. Anyone seeking legal advice should contact an attorney familiar with these types of situations.
As a nationally recognized authority on the right to photograph and record audio-visual images, the NPPA advocates for visual journalists in disputes involving interference with that right, including detention and arrest. Our organization is quoted regularly in the reporting of such incidents. The advocacy committee has been instrumental in helping to draft acceptable law enforcement policies and often consults with those police agencies in an effort to improve ongoing education and training of personnel.
For regular updates on NPPA’s day-to-day advocacy efforts, subscribe to the NPPA Advocacy Committee Blog.
- Reporters Committee for Freedom of the Press: How a wave of protests across the nation has tested police-press relations, and what it means for journalists who cover them. http://www.rcfp.org/police-protesters-and-press
- American Civil Liberties Union (ACLU): Know Your Rights as a Photographer, including other links to additional resources https://www.aclu.org/free-speech/know-your-rights-photographers
- For a guide to photography on transit systems throughout the country see: http://www.nycsubway.org/faq/photopermits.html
- For a guide to photography and video recording on Amtrak see: http://www.amtrak.com/servlet/ContentServer?c=Page&pagename=am%2FLayout&cid=1241267362248
- For a state-by-state guide to recording in public see: http://www.rcfp.org/taping/
- For a reporter’s guide to newsgathering see: http://www.rcfp.org/fieldguide/
- For a guide to the protections found under the 1st Amendment see: http://www.rcfp.org/handbook/
- For a state-by-state guide to cameras in the courtroom see: http://www.rtdna.org/pages/media_items/cameras-in-the-court-a-state-by-state-guide55.php
- For general advice regarding photographers rights see: http://www.krages.com/phoright.htm
- For rules regarding photography at TSA checkpoints see: http://www.tsa.gov/blog/2009/03/can-i-take-photos-at-checkpoint-and.html
- For rules regarding photography on New York/New Jersey Port Authority Property see: Port Authority Bus Terminal Rules And Regulations Sec. E at page 9 (PDF, 183 KB)
- DHS rules regarding photography of federal facilities (http://www.nppa.org/member_services/advocacy/FPS-Photography-Bulletin-8-2-2010-redacted-1%5B2%5D-1.pdf; PDF, 2.9 MB)
- DHS rules regarding photography of DHS activities, personnel, suspects and defendants (http://www.nppa.org/member_services/advocacy/DHS_Directive_111-03.pdf; PDF, 24 KB)
- A Guide to Reporting on Occupy Wall Street (http://www.citmedialaw.org/blog/2011/citizens-guide-reporting-occupywallstreet)
- Cell Phone Guide to protecting your cell phone when covering a protest (https://www.eff.org/deeplinks/2011/10/cell-phone-guide-occupy-wall-street-protesters-and-everyone-else)
- Rights of Reporters Covering Protests (http://www.thenation.com/article/165453/faq-what-are-rights-reporters-covering-protests)
- List of organizations offering Media Support around the world (http://www.newssafety.org/category.php?categoryid=249)
Other organizations to contact:
- The Reporters Committee for Freedom of the Press (VA)
- Website
- http://www.rcfp.org
- Legal Defense Hotline
- 1-800-336-4243
- National Lawyers Guild (NY)
- Website
- http://www.nlg.org
- Phone
- (212) 679-5100
- Citizen Media Law Project and the Online Media Legal Network (MA)
- Website
- http://www.citmedialaw.org
- Phone
- (617) 495-7547
- Society for Professional Journalists - Legal Defense Fund (IN)
- Website
- http://www.spj.org/ldf.asp
- Phone
- (317) 927-8000
- New Media Rights (CA)
- Website
- http://www.newmediarights.org
- Phone
- (619) 591-8870
- Committee to Protect Journalists (NY)
- Journalist Assistance Program
- http://www.cpj.org/campaigns/assistance
- Phone
- (212) 465-1004, ext. 114, 118
- National Press Photographers Association (NC)
- Website
- http://www.nppa.org/
- Phone
- 919-383-7246
- The Student Press Legal Center
- Legal Hotline
- 703-807-1904
- Tipsheet
- http://www.splc.org/pdf/covering_protests.pdf
NPPA Marketplace
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