Sunday, January 25, 2009
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Photography is not a Crime it is a First Amendment right


Amtrak photo contestant arrested by Amtrak police in NYC’s Penn Station


A legal view

The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.(more).

Photographer Duane Kerzic was standing in the area marked in red at NYC’s Penn Station when he was arrested for trespassing last week. Those doors lead to a stairwell out into the city

By Carlos Miller
Armed with his Canon 5D and his new Lensbaby lens, photographer Duane Kerzic set out to win Amtrak’s annual photo contest this week, hoping to win $1,000 in travel vouchers and have his photo published in Amtrak’s annual calendar.

He ended up getting arrested by Amtrak police; handcuffed to a wall in a holding cell inside New York City’s Penn Station, accused of criminal trespass.



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