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Connecticut Bill Would Protect Photographer’s Rights

March 25th, 2011 by Alicia Calzada and tagged , , , , , , , , , , , ,

I grew up in Connecticut so I am especially proud of this nugget:

A bill in the Connecticut General Assembly would provide photographers a right to sue a police officer who interferes with their right to take pictures.

The stated purpose of Proposed Bill No. 788 is “[t]o clarify the right to photograph or videotape an event.”

It calls for authorizing “a person to bring a civil action for damages against a police officer who has interfered with such person’s right to photograph or videotape an event if such person’s actions did not prevent or hinder the police officer performing his or her duties.”

The author of this bill is Senate Majority Leader Martin Looney.

Posted in Access, First Amendment, photographers, photojournalism | No Comments »

Florida Farm Bill Update

March 21st, 2011 by Alicia Calzada and tagged , , , , , , , , , , , ,

Mixed news on the Florida Farm bill (SB 1246) today. The Florida Senate Committee on Agriculture approved the bill, but before they did they passed two amendments to the language of the bill.

The first amendment changes the language of the bill so that it only applies to trespassers who enter the property, and exempts law enforcement and agents of the Department of Agriculture. The bill now only applies to someone who  “enters onto a farm or other property … produces audio or video records without the written consent of the owner or an authorized representative of the owner,”

The second amendment changes the crime from a felony to a misdemeanor.

While we still don’t like any law that targets photography, these amendments have addressed our primary concerns- that photography elevated a trespass crime to a felony, and that photography from a public place could be illegal. We will sleep better in Florida now.

As a side note, the tools available on legislative websites can be very interesting if you take a minute to poke around. Here is an analysis of the bill that specifically mentions the now-changed constitutional problems.

Posted in Access, First Amendment, Florida, Legal, photographers, photojournalism, trespass | No Comments »

Iowa Goes Too Far with Farm Bill

March 18th, 2011 by Alicia Calzada and tagged , , , , , , , , , , , , , ,

Recently we told you about a bill banning photography of farms in Florida. We have learned that there is a similar bill, prohibiting photography (among other things) of farms and crops without the permission of the owner. The Iowa bill has been compared to the Florida bill, but a quick read of the bill shows that it is far worse. To Iowa’s credit, it appears that photography from the street wouldn’t be affected, however, mere possession and distribution of undercover photography of a farm would be a crime. This elevates editors and news organizations to the status of criminals if they publish, or even possess undercover footage of farms, crops or animal facilities.

Specifically the bill states that “distribution or possession” of photographs that were illegally obtained (through violations of earlier portions of the bill). Under the proposed law, “A person is guilty of animal facility interference if the person. . . [p]ossess or distribute a record which produces an image or sound occurring at the animal facility which” is  a “reproduction of a visual or audio experience occurring at the animal facility, including but not limited to a photographic or audio medium” without the consent of the owner.

To give some perspective to the blatant unconstitutionality of this bill consider this – the only time that the Supreme Court has upheld a law that bans distribution and possession of any kind of photography it was a law against possessing and distributing child pornography. As powerful of a lobby farmers are, elevating exposes of farms to the level of child pornography is absurd and I can’t see how this would hold up. Just last year the Supreme Court ruled that a law banning possession and distribution of video of cruelty to animals was unconstitutional. See U.S. v. Stevens, 130 S.Ct. 1577 (2010). The intent of that law was to prevent animal cruelty but even it went too far (the NPPA signed an amicus brief advocating for the overturning of that bill).

The government can’t even prevent the possession and distribution of documents that put U.S. security interests at risk so it is hard to imagine how the public relations interests of farms would be considered more compelling than U.S. security interests.

Several years ago (2001), in a case called Bartnicki v. Vopper, the Supreme Court ruled that when a news organization lawfully obtained a recording, they could not be held liable for the publication of the details of the recording, even though the recording itself was illegally obtained. The Iowa law would make a news organization liable for publishing a recording, even if the news organization had nothing to do with obtaining the recording.

The NPPA has contacted lawmakers in Iowa regarding the bill.

Journalists and Photographers in Iowa should be very concerned about this bill. While it would no doubt be struck down in court, it is much easier for all of us if it never makes it to the governor’s desk.

From HF589:

Sec. 9.1(a)(2) makes it a crime to “Possess or distribute a record which produces an image or sound occurring at the animal facility” which was taken without permission of the owner.

Sec. 14.1.b makes it a crime to “Possess or distribute a record which produces an image or sound occurring at the crop operation which was” taken without permission of the owner.

Posted in Access, First Amendment, law, Legal, multimedia, photographers, photojournalism, trespass | 6 Comments »