I enjoyed reading the October issue, especially the article about railfans rights to do photography. I am a French photographer and I often go to the States to take pictures of trains.
Can anyone tell me if the rights you guys have from the constitution is applicable to foreign photographers?
If one day I am harassed, can I follow the guideline given by attorneys Rocah and Zullig?
Thanks a lot for your answer and any link to let me know what rights I have when I visit your country.
I agree with BaltACD. But unless you speak perfect American English I would not talk lest some Cowboy Cop or Hysterical Homeland Paranoid Person decide to take their problems out on you or attempt to make themselves feel that that are more American than anybody else.
All the usual caveats apply - respond to inquiries in a polite manner, try some gentle reasoning (assuming you’re in the right, ie, you’re in a clearly public place, etc), and if that doesn’t work, move on. A picture or two usually isn’t worth a night in the slammer.
(I’ve always wondered about this usage by the residents of the United States of the term “American”. Do those that use it so proudly realize the actual Americas (yes, plural) include both Central America and South America? When someone brags to me with his chest puffed out that they are “Real Americans” I always ask that question; I have yet to have any of them give me an articulate response.)
The United States has ONE Constitution, and that only differs between citizens and non-citizens in defining who may run for and hold Federal office.
As far as that, “Real American” business (Encountered a lot in Tennessee, not so much here in Nevada) I always ask what tribe they belong to. The usual response is a quick retreat.
I have been approached, but never harassed, when railfanning. Of course, I carry a military ID…
Canadians visiting the U.S.of A. now need passports and now 2 pieces of photo I.D. and be prepared to answer many personal questions as of Nov. 2011. Word is they will soon be requiring visas from Canadaland- - - The times they are a- changin’
It seems to me you can legally photograph almost anything in sight as long as you are on public property regardless of your citizenship. Even after 9/11 I have rarely been harassed when photographing trains. In fact, most people I have encountered when they see you are interested in trains are more than willing to share their experiences with you.
Three years ago I was setting up to photograph a train in at a station in a small town in Connecticut when a lady who noticed my interest in trains dashed home, and brought back a photograph of the station taken soon after 1900.
People are usually cooperative. When I have been in places I am not familiar with I have asked people if any trains had passed recently, and they have told me what I needed to know, such as '“we only see two or three trains a day each way during daylight hours.” That might not be what I wanted to hear, but it was good information.
The only time you might be hassled for photographing trains from public property is if there is a defense installation or a nuclear facility in the background
That’s a very optimistic view. I think most of us have at least been unfairly hassled at least once, threatened with arrest or similar…even I have been twice, both times in the US, and the first time I was only 14!
On this site’s homepage there is a link to a downloadable paper regarding this prepared under the supervision of a school of law. As has already been noted, so long as one is here legally there is no difference in your rights pertaining to this subject from those of a citizen. As a matter of practicality, a heavy accent or non-standard manner of dress is more likely to cause unwanted attention. I think most of us if confronted by officialdom being overly protective would seek to defuse the situation and move on.
If I were a tourist in Europe and wanted photos to remind me of the trip I would take all I could get.I would expect foreign tourists to do the same in the USA.
Whether they are of scenery or railroads would not seem to make much difference.
Since 9/11 the USA has become veryt paranoid.
As a friend of mine said ‘those who give up their freedoms to gain security will gain nothing and will lose both’.