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Question About Laws On Taking Pictures Of People, And Posting Them Online For Freedom Of Speech Purposes?

Criminal Law Discussion Forum

Question About Laws On Taking Pictures Of People, And Posting Them Online For Freedom Of Speech Purposes?

Postby Shann » Wed Dec 07, 2016 11:10 am

about laws on taking pictures of people, and posting them online for Freedom of Speech purposes? Advertisement Expert: Claude Ammons - 11/18/2013 Hi Claude Ammons,

Since you deal with surveillance legal issues, hopefully I'm asking this question in the right place.

Let's say one wants to take pictures of different activities/people and post online for Freedom of Speech purposes, without getting permission from the person in the picture.  What is the legality of that?  

For example, I'm wondering if what I've heard is generally true or not? :  I heard in the United States taking photographs of people while in a public place in determining "reasonable expectation of privacy" doesn't have to do with whether the property the photographer is standing on is publicly versus privately owned, but rather whether it's open to/viewable by the general public?  For example, being inside a grocery store is privately owned property, but open to the general public.  If there are health code violations inside and you take pictures, since it's viewable by the general public, there's no reasonable expectation of privacy?  Is what I heard true?

I've also heard that unless they post a sign saying no photography, or verbally tell you, there's nothing illegal about taking pictures inside privately owned property "open to the public"?

I've also heard that publishing your pictures/posting online without the permission of the person in the picture isn't illegal if it's done for editorial/education/art purposes?  It's commercial purposes without permission which are illegal, such as advertisements?

Would you be able to tell me if what I heard is generally the truth in the United States, or is it way off?

Thank you for your time!
Shann
 
Posts: 44
Joined: Sun Jan 12, 2014 5:21 pm

Question About Laws On Taking Pictures Of People, And Posting Them Online For Freedom Of Speech Purposes?

Postby pitney » Wed Dec 07, 2016 10:00 pm

Wasatch,

The best place to ask this question is with an attorney because you are dealing with legalities. I'm sure that some of these legal issues my vary from state to state. Privacy issues vary from state to state. In California, our "reasonable expectation of privacy" standard is as you identified which generally means there is no reasonable expectation of privacy in a public place, unless their is signage indicating specific restrictions.

Nonetheless, the issue that is not really relevant to my profession is that of the legality of posting pictures of others on the internet. I would tend to agree with you that if you are using someone's image for promotional purposes without prior permission or consent that it may be illegal depending on the nature of the post(IE-Is the post demeaning to the person, slander, liable, etc.)

Lastly, I'm not an attorney therefore I cannot give legal advice. These are my experiences and limited knowledge in certain aspects. I recommend speaking with an attorney regarding state and international/national laws when it comes to internet.

Hope that helps!

“The Whole is Greater than the Sum of its Parts”

With high esteem,

Blessings, Peace & Prosperity!          

Claude D. Ammons - QM

Email addy. – [email protected]

Surveillance Systems Group Inc.

Corinthian Group: PI # 26978/23070

EXECUTIVE LAW OFFICE

3175-E Sedona Court

Ontario, CA 91764

Toll Free #(877) OUR-EYEZ / 687-3939

Bus. #(909) 931-3595  Fax #(909) 972-9639

Mobile #(909) 376-5609

2009 P.I.C.A. President

Visit us at http://www.Corinthian-Group.com
pitney
 
Posts: 55
Joined: Sat Oct 06, 2012 4:21 am

Question About Laws On Taking Pictures Of People, And Posting Them Online For Freedom Of Speech Purposes?

Postby Orell » Wed Dec 14, 2016 2:00 am

about laws on taking pictures of people, and posting them online for Freedom of Speech purposes? Advertisement Expert: Claude Ammons - 11/18/2013 Hi Claude Ammons,

Since you deal with surveillance legal issues, hopefully I'm asking this question in the right place.

Let's say one wants to take pictures of different activities/people and post online for Freedom of Speech purposes, without getting permission from the person in the picture.  What is the legality of that?  

For example, I'm wondering if what I've heard is generally true or not? :  I heard in the United States taking photographs of people while in a public place in determining "reasonable expectation of privacy" doesn't have to do with whether the property the photographer is standing on is publicly versus privately owned, but rather whether it's open to/viewable by the general public?  For example, being inside a grocery store is privately owned property, but open to the general public.  If there are health code violations inside and you take pictures, since it's viewable by the general public, there's no reasonable expectation of privacy?  Is what I heard true?

I've also heard that unless they post a sign saying no photography, or verbally tell you, there's nothing illegal about taking pictures inside privately owned property "open to the public"?

I've also heard that publishing your pictures/posting online without the permission of the person in the picture isn't illegal if it's done for editorial/education/art purposes?  It's commercial purposes without permission which are illegal, such as advertisements?

Would you be able to tell me if what I heard is generally the truth in the United States, or is it way off?

Thank you for your time!
Orell
 
Posts: 45
Joined: Wed Mar 12, 2014 2:38 am


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