Is there a right to privacy in public spaces expressed/implied in the U.S. Constitution or the Bill of Rights?

Question

I occasionally run into police officers and EMT personnel who believe in a right to dignity that supersedes the First Amendment and I shouldn't take pictures of people in accidents. Is there a right to be treated with dignity in the U.N. Charter?

Answer 1

No -- the rights to privacy both expressed and implied in the Constitution are limited to private areas -- homes, personal luggage, etc.

But the 1st Amendment protects primarily expression -- personal speech, religious expression, assembly -- even the rights of the press are primarily about being able to publish your own thoughts and beliefs -- there is no protected right to take photographs of other people.

Answer 2

I don't think this was an issue when the U.S. wrote their constitution or the Bill of Rights! :) I'm not familiar with the U.N. Charter, so I can't answer for that.

Patients have a right to privacy. When I treat a patient, I can't talk about what happened unless it's medically necessary.

I don't believe that extends to bystanders at the scene of an accident.

However, it's illegal to get in the way of emergency personnel (includes police and EMT). If you are standing over my patient, taking a picture of their broken limbs, you will be promptly asked to leave, and if you fail to do so, I will call the police to escort you from the scene. It would be wrong of me to let bystanders get in the way of patient care.

I'm not familiar enough with the law to know if taking pictures of a patient is illegal or not. However, you should find out for sure before you continue with your activities. Consult a lawyer who's experienced in these matters, rather than rely on the advice of anonymous people on the internet.

Even if it might not be illegal, please consider the moral aspect. What good does it do to take pictures of people's bleeding, broken bodies? What service are you providing? What if it was your grandmother in that accident, and someone was taking a picture of her? What if you were surfing the net and you saw a picture of your friend's body, who died in an accident just last week?

Taking pictures of the car is one thing. Taking pictures of a patient is ethically wrong, at the very least. Getting in the way of patient care is definitely a no-no, whether you are physically in the way, or creating a distraction.

I urge you to consider the feelings of others, and consider how you would feel if placed into their position.

Answer 3

Does it take a Constitutional Amendment or U.N. Charter to make you understand that people have "a right to be treated with dignity"? If you're a professional, you owe it to your trade to conduct yourself morally and ethically while on the job. Don't hide behind the First Amendment, which does not give you the right to exploit others in a time of vulnerability.

Answer 4

Even the reporters on my newspaper(s) are not allowed to photograph the bodies of accident victims unless they have suffered only minor injuries.

There is no law which precludes the taking of photos for the press but private citizens can be told to remove themselves and let the police do their job.

If you do not have authority to be there for a legitimate news gathering purpose, they indeed have the right to arrest you if you do not comply.

Answer 5

leave the people alone. There is nothing in the Constitution that states your allowed to take a picture of someone else.

Answer 6

Why would you be taking photos of other people's accidents anyway? Are you a news reporter, in which case I would think it was ok but you need to be aware of people's feelings as well.

Answer 7

You don't have the right to be in the way of emergency personnel.

Answer 8

not that i have heard, however as a matter of descency it doesnt seem right that loved ones might open the paper in the morning and see theyre dead relative in "living" colour thanks to youre picture

im for the cops on this one