Discussion Assignment: Photography the Law and Free Speech

The goal of this Discussion Assignment: Photography the Law and Free Speech assignment is to better understand our rights, risks and responsibilities as photographers.
Background
Is photography free speech? No specific Supreme Court ruling on  photography protection under the First Amendment of the U.S. Constitution. This discussion assignment will allow you to conduct some research on the topic of photography and free speech and develop your own position on the issue.

Discussion Assignment: Photography the Law and Free Speech
Free speech demonstration Photo

Photography the Law and Free Speech

Some court rulings have not affirmed the right to photograph even in public places. Porat vs. Lincoln Tower Community Association
In other situations working press photographers and police sometimes butt heads over the rights of the press and the need or desire for security.

Consider ethical, cultural, social and even political aspects of photography the Law and Free Speech.

Groups like the ACLU and the First Amendment Center at Vanderbilt University have published extensive information online about the relationship between photographers and law, which may help you to start your research on Photography the Law and Free Speech
Write a Position Statement
For this discussion post a Position Statement that addresses any of the below questions.

Discussion Assignment: Photography the Law and Free Speech Address other Pertinent Issues

Do you agree or disagree with the American Civil Liberties Union that you have a right to photograph a cop performing his or her duties?
Do you think the laws or policies of your native country regarding photography are more or less restrictive that those of the U.S? – Please cite examples.
Feel free to address other pertinent issues on these basic topics beyond the specific question listed above.
Write the Peer Responses

The Discussion Assignment: Photography the Law and Free Speech Guidelines (read this carefully)

Very Important: Include numbered in-text citations for references included at the end of your statement.
In PHOTO 100 our discussions occur in two parts:
1. The Position Statement
A key element is the concept of taking an “informed position.” That means that you should be able to back up your position with evidence based on research from credible sources.  Base your Position Statement supporting arguments on facts and evidence. Use primary source quotations, statistical data, etc. to help build your case.
The basic Position Statement structure is as follows:
Introduction
Identify the issue and state your position on it.
Body
Background information
What does the reader need to know?

Discussion Assignment: Photography the Law and Free Speech Supporting facts

Evidence should logically lead to the position presented in the introduction.
Discuss various sides the issue.
Conclusion
Summarize the main concepts and ideas without repeating yourself.
Grammar and spelling should both be at college level. Your instructor will reject late or incomplete assignments.
Analytical reasoning:
Do you present a very clearly stated insightful position?
Do you provide an analysis that reflects the complexity of the issue?
Consider ethical, cultural, social and even political aspects of photography.
Writing effectiveness:
Do you provide valid and comprehensive elaboration on the reasons for your position?
Writing mechanics:
Is your grammar and spelling should both be at college level?

Discussion Assignment: Photography the Law and Free Speech Assignment Checklist

Minimum position statement length: 300 words not including references.
CREDIBLE references from respected sources numbered in the body of the text with a simple corresponding footnote list at the end.
Your position: Clearly stated and well defended
Response length: 50 word minimum
Grammar and spelling: Proofread and at a college level
On time: Be clear on the due dates, submit early to avoid problems.
These are minimum expectations: Work falling below minimums will be disallowed.
Case Study Examples…

Discussion Assignment: Photography the Law and Free Speech Example 1:

Ohio State University Lantern student newspaper photographer cuffed, detained. He had heard about the commotion, grabbed his professional camera gear and ran to the athletic fields next to Lincoln Tower.
Within two hours, Ohio State Police had caught the cows – and Kotran. He was detained, handcuffed and is facing a misdemeanor charge of criminal trespass.

Discussion Assignment: Photography the Law and Free Speech:Example 2:

Photographer Kristyna Wentz-Graff was covering the rally, which began at noon in a plaza beside UWM’s student center. The group left campus on E. Kenwood Blvd., marching westbound in the street and on the sidewalk, chanting and carrying signs.
Example 3:
Cops seize college photographer’s film:
At about 1:30 p.m., at the northwest corner of the park, he noticed four Metra police officers chatting and began taking photographs of them.
Two of the police officers stopped the student, questioning his intentions.

Discussion Assignment: Photography the Law and Free Speech Example 4:

Student photographer faces misdemeanor charges after riot
The riot in downtown State College began on Oct. 25 after a Penn State football victory, and quickly spawned destructive and illegal behavior, according to State College police. Michael Felletter, a student photographer for The Collegian, said he received a call from his editor-in-chief to cover the riot.
“While I was there, I did my best to record the ensuing riot with my camera,” Felletter wrote in an e-mail.

Discussion Assignment: Photography the Law and Free Speech Example 5:

Nation Press Photographers Association website…
DURHAM, NC (May 16, 2018) – The National Press Photographers Association’s general counsel today sent a letter of objection to the Spokane County (WA) Sheriff’s Department regarding their online crime tip form used by citizens to report “suspicious activities.”
NPPA objects to “photography” being offered as one of the check boxes on the form as an example of a suspicious incident or event. “Photography” is included alongside such real crimes as “theft,” “cyber attack,” “physical intrusion,” and “overt-expressed threat.”
NPPA’s lawyer wrote to the Sheriff that “We are concerned that photography has been suggested at all.”

Discussion Assignment: Photography the Law and Free Speech

“Unfortunately the reliance by law enforcement officers to question, detain, and interfere with lawful activities by photographers under the guise of preventing terrorist activities has become a daily occurrence,” Mickey H. Osterreicher wrote on behalf of NPPA. “The abridgement of a Constitutionally protected activity because of that erroneous belief is only reinforced by your specific reference to photography  or Photography the Law and Free Speech as possibly being part of some sinister act.”

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