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Re: MTA training (Re: Called A ''Terrorist'' By A T/O)

Posted by trainsarefun on Thu Dec 13 00:54:39 2007, in response to Re: MTA training (Re: Called A ''Terrorist'' By A T/O), posted by Train Dude on Thu Dec 13 00:31:43 2007.

The fact is that if the police feel that some conduct poses a threat to public safety, they have the absolute right to stop it.

So long as we're clear on "conduct" and "feel", this is fine. The government has broad powers, but not powers without end, i.e., they get to restrict the "time, place, and manner" of photography, in this case. A restriction is required to be reasonable, and so long as this is what the feeling is about - that the restriction is, in fact, reasonable - then they can take measures to enforce such restriction, including, if required, by enforcement through appropriate sanction, even.

Back to "conduct", well, conduct tends to not always be as protected as expression, especially so-called core expression, e.g., calling a politician a "war criminal" or "unpatriotic". Photography is a lot of conduct, so it's not protected to the extent, usually, that core expression is. That said, NYCT has regulations which do accord a right to take pictures that's limited by time, place, and manner. So the question is always going to be in the case of complaint that the police went too far, whether the limit placed was a "reasonable" one. Something that poses a threat to public safety would likely qualify as being subject to a reasonable restriction.


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