Public Property Audits

Public property audits are exactly that ... simply recording what we can see while standing on public property*.  Something you would think Americans would be used to by now, being 2023, and all.  Social media platforms have been a part of daily American life for some time now, with Facetime, Reels, TikTok and so many other videocentric apps on just about everyone's phones.  Surprisingly, too many Americans think permission is required for their likeness to be recorded.  However, that is not the case!  The Supreme Court of the United States (SCOTUS) has ruled, in a number of cases, about the expectation of privacy while in public.  The general rule is:  There is none!  But that isn't exactly correct.  SCOTUS created a test in Katz v United States (1967) that breaks the question of privacy into 2 basic questions.  1.) Did the party involved have an expectation of privacy & 2.) is this expectation one that society is willing to recognize.  Most situations fail to meet the standard required by the second question.  Changing rooms & public restrooms are examples of public places where recording is not allowed, because society has dictated that there is an inherent expectation of privacy in those settings.  Outside of those restricted sittings (other than time, place and manner restrictions which may also apply), again, the general rule is: If you/it can be seen, you/it can be recorded.  This is why people put up Privacy Fencing, to create a private space outside of public view. 

This kind of audit can be seen by some as invasive and disrespectful to the public.  And I can see that, however, it is important for everyone to know that photography is not a crime.  When the public is better aware of their rights, and the rights of others, the less invasive and disrespectful this will seem.  We don't currently embrace this form of auditing ourselves, but we do expect to run into the same issues while recording public officials in the course of their duties. 

Next time you see someone recording in public, just wave, and say, "HI MOM!"

*  Remember:  Sidewalks and other public easements are considered PUBLIC PROPERTY for the purposes of the 4th Amendment of the United States Constitution.  You may be responsible for upkeep, and technically own that property, and may even retain all property rights ... BUT ... it has to remain accessible and available for public use, and will be treated by police AS public property.  

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