The Ongoing Assault on the Right to Photograph/Record in Public

There has always been tension between the press and government regarding news coverage of matters of public interest. Unfortunately since 9/11 the “War on Terrorism” has somehow morphed into the “War on Photography.” Visual journalists and citizens taking photographs or recording video in public places have been experiencing extraordinary interference nationwide from security personnel and law enforcement officials at all levels of government. This infringement upon protected First Amendment activities is often based on erroneous beliefs by those in authority that photography of certain public areas, buildings, landmarks or police officers may be prohibited because of anti-terrorism concerns. In recent months the Occupy Wall Street protests have only exacerbated the situation – where photographers have been detained, interfered with and in many cases arrested for doing nothing more than taking pictures or recording video of matters of public concern in traditional public forums such as parks and city streets.

Mickey H. Osterreicher, an award winning photojournalist with almost 40 years experience will discuss this issue and its causes along with some of the cases and recent legal decisions he has been involved in as of Counsel to Hiscock & Barclay, LLP and general counsel to the National Press Photographers Association (NPPA).

