01/29/2021
While I understand the intent of this Tennessee Bill and don’t necessarily disagree with it, this and other similar well intentioned bills can be the start of a slippery slope. The devil is in the details and accusing then proving/disproving “intent” is where the problem lies. Plus, the bill as written probably won’t stand up to legal challenges on First Amendment grounds in federal court.
The US Supreme Court has ruled multiple times that if you are in a public space and what you are photographing can be seen from a public space you have the right to take the photograph and no one has the “right” to stop you. The bubble of privacy you have in your own home or on your own property does not travel with you in public. Thus the reason its called “public”.
That said, don’t be a creeper, don’t be an A$$hole when you are out taking photos. Don’t photograph other peoples children. Don’t photograph the homeless unless you have spent talking with them, getting to know their individual situation and have their permission. If you point your camera towards someone and they say don’t take my picture, don’t take it, its that simple.
Tennessee state lawmakers working together with the Sullivan County District Attorney's Office have introduced a bill to the state legislature that seeks
