Little Liberty, or not

Is there such a thing as merely a little bit of fascism?

Finished with his camera, Mr. Taylor, 30, was about to board the train when a police officer called to him. He stepped back from the train.

“The cop wanted my ID, and I showed it to him,” Mr. Taylor said. “He told me I couldn’t take the pictures. I told him that’s not true, that the rules permitted it. He said I was wrong. I said, ‘I’m willing to bet your paycheck.’ ”


“I said, ‘According to the rules of conduct, we are allowed to take pictures,’ ” Mr. Taylor said. “I showed him the rules — they’re bookmarked on my BlackBerry.”

Rule 1050.9 (c) of the state code says, “Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used.”

Then a police sergeant arrived.

Mr. Taylor said. “I tell him, ‘If you feel I’m wrong, give me a summons and I’ll see everyone in court.’ The sergeant told them to arrest me.”

In handcuffs, Mr. Taylor was delivered to the Transit District 12 police station, and a warrant check was run. “They were citing 9/11,” said Mr. Taylor, whose encounter was described on a blog by the photographer Carlos Miller, Photography Is Not A Crime.

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.

“Of course, 9/11 is serious. I said: ‘Let’s be real. We’re in the Bronx on the 2 train. Let’s be for real here. Come on.’ ” [story at NYTimes]