Photography: It's Still Not Illegal
UPDATE 05/18/2011 11:48 a.m. EDT: On Wednesday, May 18, the Spokane County Sheriff's Department deleted "photography" as one of the suspected criminal activities on their online tipster form.
DURHAM, NC (May 16, 2011) – The National Press Photographers Association's general counsel today sent a letter of objection to the Spokane County (WA) Sheriff's Department regarding their online crime tip form used by citizens to report "suspicious activities."
NPPA objects to "photography" being offered as one of the check boxes on the form as an example of a suspicious incident or event. "Photography" is included alongside such real crimes as "theft," "cyber attack," "physical intrusion," and "overt-expressed threat."
The "Report It Form" says it is intended for use by citizens "to collect tips about any suspicious activity within the region." While the form also has a disclaimer saying that some of these activities "are generally First Amendment-protected" it also suggests that citizens file a report if they suspect the behavior they're witnessing "is not innocent" or is "indicative of criminal activity associated with terrorism or other crimes."
NPPA's lawyer wrote to the Sheriff that "We are concerned that photography has been suggested at all."
"Unfortunately the reliance by law enforcement officers to question, detain, and interfere with lawful activities by photographers under the guise of preventing terrorist activities has become a daily occurrence," Mickey H. Osterreicher wrote on behalf of NPPA. "The abridgement of a Constitutionally protected activity because of that erroneous belief is only reinforced by your specific reference to photography as possibly being part of some sinister act."
In any free country the balance between actual vigilance and over-zealous enforcement is delicate, Osterreicher said.
"It is one thing for law enforcement to act when there is probable cause; it is quite another to abuse that discretion in order to create a climate that chills free speech under the pretext of safety and security. It is our position that the form, targeted to the general public, does just that."
At press time there was not response from the Sheriff's Department to NPPA's letter.
On a blog post on Pixiq.com, some readers have commented that they've used the online form to tell the Spokane County Sheriff's Department that "photography is not a suspicious activity," and "photography is not a crime," and "photography is a protected First Amendment activity."
At the same time, the City of Spokane is promoting a "See Something, Say Something" campaign urging citizens to report things or people they think are suspicious.
In response to televised comments made by Spokane police chief Anne Kirkpatrick about the city's campaign, and about "people taking pictures of our infrastructure," NPPA's lawyer has also sent a letter of objection to Kirkpatrick.
"We believe your statements only helps plant the seen that photography is in and of itself a suspicious activity," Osterreicher wrote to Kirkpatrick.
"It is one thing for law enforcement to act when there is probable cause; it is quite another to abuse that discretion in order to create a climate that chills free speech under the pretext of safety and security. It is our position that your campaign and statements, targeted at the general public, does just that," Osterreicher told the chief.
NPPA Marketplace
- Insure Your Equipment
- You go where the action is….so should your insurance! Hays delivers comprehensive insurance for your gear - covering cameras, computers, editing equipment and rental.
- Join the NPPA
- NPPA members receive a wide range of benefits, from educational opportunities to mentoring, exclusive discounts, insurance options, business tips, and much more.