this post was submitted on 22 Aug 2024
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Political Weirdos

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Honestly I'm not even upset. Props for walking outside like that.

Id give this guy a thumbs up and hope he doesn't rage at me.

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[–] [email protected] 13 points 3 months ago (5 children)

I am genuinely curious, I don't try to be smug. So please don't get this wrong, but I have to ask: is it legal & OK in the US to take pictures of people w/o their consent?

[–] [email protected] 16 points 3 months ago (1 children)

It's legal if you're in a place with no reasonable expectation of privacy, such as a restaurant.

[–] [email protected] 1 points 3 months ago (2 children)

Is there an expectation of privacy in a gym?

[–] [email protected] 2 points 3 months ago

A gym with a membership has an expectation of privacy in my state, so yes.

[–] [email protected] 1 points 3 months ago

possibly not but gyms are privately owned and require membership and the owner can decide to kick people out for taking photos

[–] [email protected] 8 points 3 months ago

Outside of using someone's likeness for commercial gain, pretty much anywhere that is public property you can't be stopped from photographing anything you can see. Private property can make their own rules but all they can do is trespass you and kick you out, it's still not illegal. Public photography is generally protected under the first amendment free press.

[–] [email protected] 4 points 3 months ago* (last edited 3 months ago) (1 children)

In a lot of places in the EU, I think it's legal to take pictures. What you can do with said picture, differs quite a bit. Uploading it, like this, would be very much illegal. Which begs the question: is it legal in the US to upload such images, without consent?

[–] [email protected] 7 points 3 months ago (1 children)

Yep, freedom of speech and freedom of press. You have no expectation of privacy in public, I have the right to take pictures of whatever I want in public (including of you).

I own the right to every photo I take, so I can publish whatever I want.

There are a few exceptions.

I use your likeness commercially without your permission, you can sue me for royalties and to force me to stop using your likeness, since you didn't have a contract with me to be used to promote. The more famous you are, the more you can sue for, because your likeness is worth more.

If I use your name or likeness to spread rumors or misinformation about you, or to attempt to cast you in a bad light, you can sue me for libel or slander, since I did reputational damage to you, you can exact monetary damage from me. The more famous you are, the harder it is to sue without proving obvious malice, because being famous comes with the expectation of being talked about publicly in weird ways.

For example, if I accuse my next door neighbor of being a child rapist by plastering fake wanted posters around the neighborhood, he could sue the shit out of me for slander, and I would have to prove that I had evidence to say such a thing. If I did the same thing to Trump, however, he would have to prove I was lying to get anywhere, which is why you never see him sue over that kind of thing.

[–] [email protected] 1 points 3 months ago (1 children)

If Trump sues under these circumstances, then the person being sued can file for discovery. Discovery is a search to prove that Trump did the thing that he is accused of doing. Fear of discovery also has the hazard of uncovering other hidden crimes. Trump drops suits before discovery.

[–] [email protected] 1 points 3 months ago (1 children)

Yes, but a private citizen isn't going to encounter that issue, only a public figure.

[–] [email protected] 1 points 3 months ago

Wouldn't hurt to check his alibi for Jan 6th though...

[–] [email protected] 3 points 3 months ago

In many cases we have a first amendment protected right to take pictures in public.