as a photographer i am well aware of all the federal and local laws we have as to where one can photograph or video others .
it is not just one law .it is many laws that define where we can and where we can’t .
unless there are no photography signs then any public place is fair game unless designated a secure area.
museums ,airports , military installations , etc are considered secure locations .
Despite previous actions of the NYC transit police, you can also legally take photographs in the NYC subway. In fact Rule 1050.9 (c) of the state code says, “Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used.
so anyone i view publicly can be photographed or videoed … what i can’t do is use that commercially or for an agenda that is controversial.
such as if i took a photo or video of you and then used it for my anti fur coat campaign …
the laws regarding media today is so complex my sons law firm has an entire division devoted to media law .
unless there are no photography signs up pretty much any one can be taken in public areas
there are different laws for different locations , as an example
https://law.onecle.com/uscode/18/795.html
so it isn’t a freedom of speech law that dictates what we can do , but more laws then you can imagine that are actually involved and many vary state to state
States often have their own rules and regulations and these are often selectively enforced.
For example California Code of Regulations Title 14, Section 4316 "Commercial Filming Except when authorized by State Parks, no person shall photograph, videotape or film for commercial (profit and sale) purposes in any unit, or portion thereof, owned operated or administered by the department without a permit from the California Film Commission, pursuant to Government Code section".
The letter of the law appears to prohibit photography by a single photographer with a P&S camera without a permit if that photographer intended to use the images for sale. I doubt anyone has been prosecuted under such circumstances but they could be. It is true that amateurs using what looks like "professional photography equipment" to a Park Ranger have been challenged and told they couldn't take pictures without a permit.
my wife and i were challenged at planting fields in long island because of our gear by a ranger
we are constantly challenged at queens botanical gardens as to whether we are amateur or professional because of our gear .
so arguing over one law like freedom of speech is silly because it more involves local laws then federal ones or catch all parts of the constitution
Your basic right is actually pretty simple: if you’re in a public place and you can see it, you can shoot it. This means as long as you’re in a public location you can legally take almost any picture. However, if you’re using a telephoto lens, parabolic microphone, or hidden camera to get a shot of a private property when you’re standing on public property you might have an issue if someone on that property has an expectation of privacy. So, what constitutes a public place? Most places are obvious, a park, a street, a soccer field—these are unquestionably legal places to take pictures of anything happening. But what about all those Instagram photos of food you’ve taken inside a business? That’s a little different.
Generally if a private property is open to the public (like a restaurant, retail store, tourist areas, etc) you are allowed to take photographs and video unless it is expressly posted somewhere on the premise that you can’t.
In most cases it’s okay to assume you’re allowed to take pictures and video in a shop that doesn’t expressly forbid it. However, if a property owner (or store employee) tells you to stop, you have to stop. so that over rides the freedom of speech some are claiming
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