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photography

December 10 roundup

by Walter Olson on December 10, 2014

  • “Judge dismisses ‘American Idol’ racial bias lawsuit” [Reuters]
  • “Don’t sue your art dealer, because you won’t win” [Shane Ferro, Business Insurance on fate of Ronald Perelman suit against Larry Gagosian]
  • Lawyer with big case pending before West Virginia high court bought plane from chief justice’s spouse [ABC, Charleston Daily Mail, WV Record]
  • Remembering Bruno Leoni, classical liberal known for theory of superiority of decisional law process over legislation [Cato panel this summer, Todd Zywicki/Liberty and Law]
  • “If I ever shoot your wedding, I’ll be sure to add a clause of ‘You cannot sue me for $300,000.'” [@GilPhotography on PetaPixel coverage]
  • “Court Unconvinced by Lawyer Dressed as Thomas Jefferson” [Lowering the Bar]
  • Arizona attorney general to GM: gimme $10K for every vehicle you’ve sold in my state [Bloomberg]

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As if your year-end celebrations weren’t heavily enough lawyered already, take heed of this reminder for employers in Ohio, and other states depending on local law. [Jon Hyman]

While we’re at it: “8 Tips for Avoiding a Thanksgiving Lawsuit” [Hannah Bender, Property Casualty 360]

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Or should that be “method for using nastygrams to assert what isn’t really a valid patent?” [Lowering the Bar]

News reporters, nature lovers, scientists and Western lawmakers are in an uproar over the Forest Service’s plans to finalize a ban on taking photographs in federally designated wilderness areas without permission of the service. A spokeswoman “said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.. … ‘We have to follow the statutory requirements.'” [Oregonian, Coyote and followup, ABA Journal]

Update: Service backs down, at least to the extent of acknowledging that it needs to clarify the scope of the ban.

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Should cops wear cameras?

by Walter Olson on August 19, 2014


I’m at 1:45 in this report that aired on WOAI (San Antonio), Fox 45 Baltimore, and other Sinclair Broadcasting stations nationwide, with accompanying article. See Nick Gillespie in Time, also linked yesterday; earlier on police cameras here, etc.

P.S. Don’t underestimate the data security issues.

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  • D.C.-area listeners: Today (Monday) I’m scheduled to join host Diane Rehm on her popular WAMU radio show, along with other panelists, tune in at 10 a.m. [update: transcript];
  • “A few people have pointed it out, but our ROE [Rules of Engagement] regarding who we could point weapons at in Afghanistan was more restrictive than cops in MO.” [@jeffclement, part of an interesting Storify on veterans’ opinions of Ferguson; related on gun-handling practice of Ferguson police last week as seen by gun aficionados [Reddit via VICE]
  • Obama should call for an end to the 1033 program, which drives local police militarization, says my Cato colleague Tim Lynch [CNN, Yahoo] Pentagon surplus grants to local police don’t correlate with terror threats (state that gets most per officer: Alabama) [WP] Missouri grant angle [David Mastio and Kelsey Rupp, USA Today]
  • SWAT raids on poker games and a comedian: John Stossel’s column this week is on Ferguson [Fox] The inimitable Mark Steyn [Steyn Online] And for balance here’s a contrary view from someone who views militarization as both inevitable and necessary [Jazz Shaw, Hot Air]
  • “What I Did After Police Killed My Son” [Politico; Michael Bell of Kenosha, Wis.]
  • Asset forfeiture, federal partnerships fed St. Louis County gear acquisition [Eapen Thampy, Forfeiture Reform] More background on forces fueling militarization [Glenn Reynolds, Popular Mechanics, 2006]
  • “The Missouri Highway Patrol, St. Louis County, and the City of Ferguson agree that public has the ‘right to record public events'” [Volokh, 2010 Cato video] “Prove the truth”: why cameras help good cops [Nick Gillespie]

No, the monkey doesn’t own copyright in the picture it reportedly snapped of itself. But does anyone own it, or is it public domain from the time of the click? [David Post/Volokh, The Passive Voice with comments, GigaOm, BuzzFeed]

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Ramsey Orta, whose street video of Eric Garner’s chokehold death at the hands of NYC cops became a worldwide sensation, has only days later been nabbed by that same police force on grounds of an unlawful gun infraction in what the police describe as a known drug location. “To decipher some of the police jargon, every location in New York other than St. Patrick’s Cathedral is a ‘known drug location’ as far as the police are concerned,” writes Scott Greenfield [Simple Justice]

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“US Patent Office Grants ‘Photography Against A White Background’ Patent To Amazon” [Tim Cushing, TechDirt] Critics suspect there is prior art.

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April 30 roundup

by Walter Olson on April 30, 2014

  • “7 Reasons U.S. Infrastructure Projects Cost Way More Than They Should” [Scott Beyer, Atlantic Cities]
  • Gov. Jerry Brown’s appointments could reshape California Supreme Court [Mark Pulliam, City Journal]
  • Critics say hiring of outside counsel in Pennsylvania government is an insider’s game [WHTM]
  • Could “Bitcoin for contracts” replace legal drafters’ expertise? [Wired with futurist Karl Schroeder]
  • “Getting state out of marriage” makes for neat slogan but results would be messy in practice [Eugene Volokh]
  • Lobbying by auto body shops keeps Rhode Island car repair costs high [Providence Journal, PCIAA press release and report in PDF]
  • “Bipartisan, publicity-hungry members of Congress want the FTC to investigate Photoshopping in ads” [Virginia Postrel on this WaPo report; Daily Beast; earlier here, here, etc.]

Maryland roundup

by Walter Olson on April 6, 2014

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It is now legally safer to record Illinois public servants generally, as well as cops in particular, as they go about their public duties. [Timothy Geigner, TechDirt]

New WSJ op-ed by Eugene Volokh and my colleague Ilya Shapiro, with which I agree 100%: “We support the extension of marriage to same-sex couples. Yet too many who agree with us on that issue think little of subverting the liberties of those who oppose gay marriage. Increasingly, legislative and judicial actions sacrifice individual rights at the altar of antidiscrimination law.” Existing precedent affords a handy if narrow way to reverse New Mexico’s wrong-headed Elane Photography decision: “The Supreme Court’s ruling in Wooley guarantees the right of photographers, writers, actors, painters, actors, and singers to decide which commissions, roles or gigs they take, and which they reject.”

Related on bake-my-cake laws: in the absence of more robust rights to freedom of association, could we at least narrow what’s a public accommodation? [Scott Shackford, Reason; David Link, Independent Gay Forum (on precedent of landlord reluctance to rent to cohabitors] Earlier on photography and cake cases here, here, here, here, here, here, here, here, etc.

P.S. Cato podcast with Caleb Brown interviewing Ilya Shapiro on the topic.

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In Elane Photography LLC v. Vanessa Willock, the New Mexico Supreme Court has unanimously ruled that a wedding photographer is obliged under the state’s anti-discrimination law to offer its services to two women seeking to record their commitment ceremony, despite its proprietors’ religious objections to the ceremony. The Court was not persuaded by an amicus brief filed by UCLA lawprof Eugene Volokh on behalf of the Cato Institute arguing that the First Amendment protects persons in expressive occupations such as photography from being obliged to create expressive works they don’t want to create. Commentary: Dale Carpenter, Ken at Popehat, Hans Bader, John Fund, Ilya Shapiro/Cato at Liberty, Stephen Richer.

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  • Detroit police blasted for arresting Free Press photographer who filmed arrest with her iPhone [Poynter]
  • “The discomfort of principles” in criminal defense matters [Gideon's Trumpet]
  • House Judiciary panel on overcriminalization and mens rea shows genuinely useful bipartisanship [Jonathan Blanks, Cato] One in four new bills these days to create criminal liability lacks mens rea [Paul Rosenzweig/Alex Adrianson, Heritage]
  • Auburn, Alabama: “Cop Fired for Speaking Out Against Ticket and Arrest Quotas” [Reason TV]
  • Film project on overturned Death Row convictions [One for Ten] “Forensics review reveals hair evidence was possibly exaggerated in 27 capital cases” [ABA Journal]
  • Critics of Stand Your Ground seem to be having trouble coming up with examples to back their case [Sullum]
  • Maine: “Hancock County prosecutor admits violating bar rules in sexual assault trial” [Bill Trotter, Bangor Daily News]

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At Utah’s Deseret News, reporter Eric Schulzke writes on how “the U.S. Bill of Rights remains a work in progress 222 years after it became law — a continuing struggle between government claims for order and security, and the individual’s interest in clarity and freedom. This past year, the struggle played out in numerous areas, including free speech and search and seizure rules, to touch just a few.” He quotes me on the hope of bright-line rules establishing the public’s right to take pictures of law enforcement (recent Hawthorne, Calif. cause celebre here), on the need to focus on state and local police use of DNA databases before the inevitable abuses establish themselves, and on how four significant Fourth Amendment cases made it to the Supreme Court this year: “‘Here we are 200 years later, and a lot of big, interesting questions still haven’t been settled on what the Bill of Rights says about search and seizures,’ Olson said.” A sidebar reviews the year in civil liberties controversies.

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“Even though I was always on public property when I filmed the horrors I saw outside that slaughterhouse in February, I became the first person charged under one of these ‘ag-gag’ laws.” [Amy Meyer, Washington Post, Utah]

That’s how a lawyer explains his $2 million damage demand on behalf of a Georgia student whose bikini-clad image was used by a school administrator in a presentation about how the Internet is forever, image-wise. [Chris Matyszczyk, CNet] The classic line about how if you want to send a message, use Western Union, will probably need to be retired given the news that the world’s last telegram is due to be sent in India next month. [Christian Science Monitor]

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