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June, 2004

NYC Proposed Subway Photo Ban

ASMP is concerned about the proposed restrictions on photography in the New York City subways. The proposal will create impediments to the first amendment that ultimately will make it increasingly difficult to maintain a free and open press. ASMP is also concerned about the enforcement of the proposed restrictions and the potential for unequal treatment. Please review the resources listed below for more information.

Update:In May, 2005, the ban was dropped. (See our May 2005 Newslines.) We doubt that the threat is ended, however; other cities and government agencies continue to impose bans and unreasonable restrictions.

NPPA Press Release - National Press Photographers Association opposes subway photography ban

The National Press Photographers Association (NPPA) opposes the New York City Transit proposal to prohibit photography and videotaping in subway and bus systems. Photography, both still and video, is an essential form of speech and a fundamental part of the Constitutional right to freedom of the press and freedom of expression.

This proposal is one of an increasing number of efforts which curtail free press and freedom of expression in the name of security.

While media reports indicate that permits could be obtained in advance we don't believe that this is a solution for several reasons.

1. News photographers don't have the luxury of advance knowledge of breaking news and could be unable to obtain the necessary permits in a timely manner. Media from throughout the world may find themselves in New York City on any given day, and may not have the necessary permits or police identification needed.
2. This could put the transit authority in the position of denying access if they disapprove of a story, a media outlet or an individual photojournalist, with no mechanism for appeal. This effectively enables a government agency to license the media and decide who can and cannot report the news. Regardless of the intentions of those currently in control, the potential exists for this power to be abused in the future.
3. Photography is often driven by inspiration and immediacy. A scene that is visually perfect from the standpoint of the photojournalist, and the decisive moment which best illustrates a news story may only exist for a matter of minutes. Again, the need for a photographer to obtain permission would be crippling.
4. In addition to the constraints that this would place on regular news media, we believe every member of the public should be afforded their constitutional right to freedom of expression, whether verbal or artistic.

Our constitutional rights are an essential part of our society, and we should not allow our enemies to frighten us into curtailing these rights. We do not believe that making allowances for the media would eliminate the chilling effect of this proposed rule.

"Rules like this, while they are designed with the best of intentions are truly ineffective and hinder working photographers everywhere." said NPPA President Todd Stricker. Mr. Stricker goes on to explain that the ease and availability of hidden cameras and other methods of observation would make the rule ineffectual against anyone with criminal intentions.

"They'll get their pictures," he said. But in the meantime, legitimate journalists and even members of the public with good intentions will be harmed. "It's one more rule that they can use to harass somebody."

The NPPA calls on the Metropolitan Transit Authority to reject the proposed ban on photography and remove it from the list of rule changes which it is considering.

National Press Photographers Association
3200 Croasdaile Dr. Ste. 306
Durham NC 27705
Phone 919-383-7246
Fax 919-383-7261

Related articles:

• See what the NY Public Interest Research Group (NYPIRG) is doing to create awareness
  
• Ban on Subway Photography Prompts Underground Protest - registration will be required to gain access to this article
  
• MTA Tentatively Approves Photography Ban In Subway
  
• Industry Blasts MTA Over new York Subway Photo Ban