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Shooting Pictures in Public Places Is Legal Popular Mechanics, of all publications, offers a rational guide to when and where it's legal to take photographs and video. It's a timely topic, in light of BP's attempts to get local law enforcement agencies to scare away photojournalists, and video shooters who have had their equipment confiscated by cops who didn't want cameras pointing at them. (See our recent blog post on this topic: "Journalists vs. Law Enforcement.") University of Tennessee law professor Glenn Harlan Reynolds' (pictured) conclusion serves as the title of his essay: "Taking Photos in Public Places Is Not a Crime."

"Courts have long ruled that the First Amendment protects the right of citizens to take photographs in public places. Even after the terrorist attacks of Sept. 11, 2001, law enforcement agencies have reiterated that right in official policies. But in practice, those rules don't always filter down to police officers and security guards who continue to restrict photographers, often citing authority they don't have. Almost nine years after the terrorist attacks, which ratcheted up security at government properties and transportation hubs, anyone photographing federal buildings, bridges, trains or airports runs the risk of being seen as a potential terrorist. (Can an entire downtown be declared a no-photo zone?) Reliable statistics on detentions and arrests of photographers are hard to come by, but photographers, their advocates and even police agree that confrontations still occur frequently. Photographers had run-ins with police before the 2001 attacks, but constitutional lawyers say the combination of heightened security concerns and the spread of digital cameras has made such incidents more common. "