
Last November 4th, an excellent article about photographers and their rights to photograph in public appeared in the Dallas Morning News: The Illegal Assault on Photographers by Bill Marvel. It was an article about a subject that is getting more and more attention: photographers being harrassed for taking photos in public.
In the article, Marvel states, "Police activity, bridges, planes, trains, buildings — almost anything you point your camera at these days can get you into trouble." All very true, but more and more often peoples civil rights are clearly being violated, like the woman he mentions taking pictures of police activity from her own front lawn and was thrown in jail for "obstructing governmental administration." In a post 9/11 world and at a time when information can be shared instantly, it has a lot of people on edge. Personally, I believe the paranoia centered around anyone with a camera is mostly ridiculous.
The thing is, if you're in a public place where there is no reasonable expectation of privacy, you can be photographed. And you are being photographed. There are surveillance cameras everywhere these days so whether you like it or not, you're getting your pic or video taken. If someone takes a picture of a bridge or building, many people, especially law enforcement, jump to the conclusion that you want to blow it up. And if you photograph law enforcement in action, be prepared to have your memory card confiscated and you'll probably end up in jail.
I've had some run ins, but have never been arrested for taking photos. Once, while walking around downtown Dallas, my father and I stopped in front of the Bank of America building to take a photo of the sculpture there. Building security quickly scrambled out and informed we couldn't photograph the sculpture or the building because it was on private property and because it's the tallest building in Dallas. We complied, and the guard mentioned we could photograph it from across the street. I'm not sure how that would thwart a terrorist attack if we were terrorists, but I wasn't about to argue about being on private property. If I was on public property (like the sidewalk across the street), typically I'd be well within my rights. The law states you must have permission to stand on private property to photograph there or wherever people have a reasonable expectation of privacy. But standing across the street to photograph the sculpture or building would make little difference if someone wished to cause harm to it.

Dad photographing the sculpture in front of the Bank of America building in Dallas, moments before being chased away by security.
Last spring I was walking around the Square in McKinney during the Art Walk festival with my camera out and plainly visible hanging over my shoulder. As I looked around an intersection at some exhibits, I couldnt help but notice a policeman staring at me. I walked further down the street and the policeman followed, choosing to stop when I did. I have little doubt this was due to the camera I was carrying, and clearly I must be "up to something." What could I possible be taking photos of?? Getting tired of being silently harassed, I quickly walked toward where he was standing, looked him in the eye and said "hi" and kept walking. He left me alone after that.
I still get an occasional weird stare or glance from people when I'm walking around the downtown area with my camera. I'm probably being slightly paranoid about it...a few people have given me angry or concerned looks and now I feel like everybody's doing it. If their favorite news station just ran a report on sinister street photographers, I might as well just stay inside. Of course, I don't partake in anything illegal and try to stay off of private property as much as possible. Legally, I'm allowed photograph almost anything I want as long as I'm on public property, but with the persisting paranoia I'm hesitant to do that. Usually I'll try to go out and photograph early when fewer people are around. The light is usually better anyway.