Is this a battle you would fight? Seeking your comments on a topic near and dear to Dave.

[youtube=http://www.youtube.com/watch?v=Tmr44U3lyM8&hl=en&fs=1]

Let’s get my bias on this issue right out in the open. I am of the belief, having investigated it, reported on it and experienced it, if I am standing on public property I can shoot pictures of anything I want that is in public view.

Having been told countless times to shut down our cameras from law enforcement officers on the street, private security, the general public and even, occasionally, people in fire and EMS, I know there is no law that gives any of these people the right to order a journalist, or the general public, to do such a thing.

I have received such assurances from the U.S. Department of Homeland Security, the FBI, the U.S. Marines, the U.S. Secret Service and other agencies. In general, there is nothing that gives anyone the authority in this situation to order me to stop taking pictures or to confiscate my equipment (by the way, there is nothing I am saying here that should be construed as legal advice).

There have also been law enforcement and others who have ASKED me to stop taking pictures of something. If there is a sound reason, I have cooperated. Examples of this might be there are undercover officers operating in an area, or the person we are focusing on is a witness to a crime.

I know this is a long introduction to the video, but I wanted you to have a clear idea of my history on this topic. A story I did in March at Nationals Park will also give you some background.

The video above was apparently shot on Chicago’s North Side at the end of June. Two guys were shooting police and EMS response to a man down. The victim is described as a frequent flyer for police and EMS.

There is a lot to this story we don’t know. The camera starts and stops. We have only the view, in on screen titles, of the photographers. But the one thing that does seem clear is, that at more than one point, Chicago police officers and EMS personnel try to order the “citizen journalists” to shut down their cameras.

My questions for you in fire and EMS are the following:

Do you believe you have the right to order someone to stop such filming?

If so, what gives you that right?

Do you have any general orders that you believe gives you such authority?

If you read the comments with the video on YouTube, you will see that some people are accusing the picture takers of staging the downed man and of just being jerks (I know it may be a shock to you, but even I have been accused of that myself). Even if all of that was true, do the EMS crew and police have any right to order these guys to stop taking pictures?

Before you start claiming HIPAA gives them that right, you might want to do a little research.

Other than one article about this episode from WBBM radio, I haven’t been able to find any independent facts about the video. If you find more, let me know.

I look forward to your comments.

On a related note, I see this morning The Washington Post has a story on a photographer’s difficulties shooting at DC’s Union Station. This is a little different because the property is leased to a private entity, but I have been confronted by security many times at Union Station. Click here for the article.