Wow, what a lot of emotion we have here, and what a lack of clear thought.
So Bill, you say that if I take a photo of you robbing a bank, and as a result you get arrested, then I did something wrong? Well they do say a strong attack is the best defense.
The funny thing is the situation in the news is new and unique. If it wasn't it would not be news. In a case like it the guy may wind up filing a false arrest charge, and the copper probably has already been reprimanded for his action.
They can arrest you for about anything, but then they have to make the charge stick in court. If there is no regulation against photographing people with your telephone, what has happened is the copper was acting under color of law to violate your civil rights. In that case you can actually sue the cop and his superiors even when you can not sue the town. Unless of course you live in a country where you have no civil rights (80-90% of them I belive).
Anyway, one silly news story, and everyone goes paranoid...
graywolf http://www.graywolfphoto.com "Idiot Proof" <==> "Expert Proof" -----------------------------------
William Robb wrote:
----- Original Message ----- From: "Keith Whaley"
Subject: Re: OT Paranoia and stupid legislation is reserved for the US only :-(
Larry Levy wrote:
William Robb wrote:
If you are walking down the street, and I am maintaining distance of 6 inches from your nose, I can spend my entire day screaming obscenities at you, should I so desire. Doesn't matter a whit whether you feel impinged upon, you're in a public place, and have no right to expect to be treated with any sort of dignity. And if you touch me, I'll sue your sorry ass for assault.
Somewhere in the history of US law, we determined that people do have the right to not be "assaulted" in the public.
Thus, your screaming obscenities at me from a close distance is "assault," and is actionable. Your actual physical contact is "battery," and also is actionable. Hence the term "assault and battery."
Uhhh, if HE creates an assault, and *I* create the battery, is it a wash, legally?
I can't threaten you publicly without risking an assault charge, and I can't slander you without risking a lawsuit.
However, there is no reason why I cannot talk to you in public, as long as I don't touch you, or impede your progress down the street.
If I choose to do it from close range, and loudly, and you don't like it, that's your problem.
If you don't like it, stay out of public.
The point I was trying to make, I suppose it got lost, or perhaps not, since it got a reaction, is that if you don't want some obnoxious asshole harrassing you, then grant people the same respect you ask for yourself.
If you have reason to believe that a person may not want their picture taken, whether they are in public or not, have enough respect for that person to not take their picture.
From the number of anal posts I have seen on list regarding nudity,
and the posting of such pictures from the USA list members, I think it safe to assume that your culture has some issues with nudity.
I recall a certain Miss America actually lost her title when nude pictures of her were published.
If a picture of someone with no clothes on can cause a person to lose their income, I think it safe to assume that the taking of such a picture could be considered an attempt at causing harm (assault), in much the same way that you feel that merely talking to you in public, which in no way is harming you is an assault.
As you pointed out, assault is not legal.
William Robb
