Police Say They Can Detain Photographers If Their Photographs Have 'No Apparent Esthetic Value'
from the police-as-art-critics dept
Apparently the police in Long Beach, California, have a policy that says if a police officer determines that a photographer is taking photos of something with "no apparent esthetic value," they can detain them. This revelation came after photographer Sander Roscoe Wolff was taking the following photo:Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: cameras, long beach, photographs, police
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I can't define it, but I knows it whens I sees it.
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Does that mean police officers have "no value" since you can't film or take pictures of them?
There fixed it for you.
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Re: Social Value
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Re: Re: Social Value
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have an art show
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When can I expect my "I trolled with out_of_the_blue!" t-shirt?
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Unless you want to settle out of court for much less than it would cost to hire an attorney. I'm willing to discuss it...
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About the same time I get my "I outlived Angry Dude" shirt.
Maybe I've just seen too much modern art, but I can totally see the artistic qualities of that photo.
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Decrepitude like that, for me anyway, has huge aesthetic value.
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What if the fact that it has no aesthetic value is what gives it aesthetic value? Mind blowing...
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There is no aesthetic value in that shit. Just because some dumbass thinks he or she is a photographer does not make it so.
Don't buy into Mike's anti-police rhetoric.
This country is going straight to hell...
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But in the off-chance you are the real angry dude...can I have your autograph? ;D
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Me too. It has even intrigued me enough to wonder what the phrase "Fresh Caustic" might mean.
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Achievement Unlocked!
"Congratulations! You just unlocked the "Why yes I live under a bridge. Why do you ask?" achievement."
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So far, my friend's who were with us were in a separate car and written up by separate officers, with that their court date was before ours. Theirs were dropped but think of the waste of time on their part to go through all this. Our court date is tomorrow and the charges better be dropped.
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Chat-downs
http://www.npr.org/2011/08/16/139643652/next-in-line-for-the-tsa-a-thorough-chat-down
In both cases, the authorities are using a person's observed behavior rather than (or in addition to) some kind of intrusive scan or physical pat down. The key differences though is that the police don't have any formal training on esthetic value and they're doing this in public (rather than the relatively constrained environment of air travel.)
I can see where you'd want to have the police look for suspicious behavior, but at least give them some formal training. And don't base it solely on the individual's idea of "esthetic value". That's just asking for trouble.
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Maybe these need to start showing up in Long Beach.
Also, your HTML is borked in the last paragraph
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It's a fact
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Police arrest man for having poor artistic taste
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Re: Police arrest man for having poor artistic taste
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Re: Police arrest man for having poor artistic taste
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I have literally taken thousands of photos with no esthetic value
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Re: I have literally taken thousands of photos with no esthetic value
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Re: Re: I have literally taken thousands of photos with no esthetic value
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He wasn't detained as in arrested or taken to the station. He was "detained" as in the cop asked him what he was doing and if he had ID.
And it wasn't obvious from the picture (at least not to me), but what he was doing was taking pictures of an oil refinery.
If he had been actually arrested or harassed by being taken into the station or having his gear confiscated, that'd be one thing.
But IMHO, a cop asking what you are doing in this case is the equivalent of hitting a road check on a friday night. They ask a question, and off you go.
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If police see something out of the ordinary, they should ask questions. Although the story differs somewhat, it doesn't appear as though the officer acted inappropriately towards the photographer.
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“$1M Lawsuit Accuses Three Davie Cops of Brutality“, NBC Miami, Aug 14, 2011:
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So, if our police state makes it very uncomfortable and abnormal to walk down the street, then anybody walking down the street could be considered to be doing "something out of the ordinary."
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Taking pictures - when you consider just about EVERY phone has a camera on it now - and hell, half the intersections have a camera too... is "out of the ordinary"????
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Re: its ok
What the cop did is somewhat reasonable, but the fact that they have the authority to detain someone because it's not obvious what they are doing is seriously wrong BS.
This country offers the liberty to everyone to do what they want, provided that it does not harm another. The police are within their duties to investigate anything, but have no right to stop or detain anyone because they (public) are not doing what 'the norm' would do.
This goes with the pretext that 'it's the cops against the world', and 'everyone is guilty, you just have to look hard enough'.
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Re: Re: its ok
They should be able to talk to anyone they want, but should not be able to impair anyone's liberty without real, specific, and reasonable suspicion of something illegal going on. And someone not wanting to talk to cops doesn't qualify.
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Then you are part of the problem. Nobody should be ok with this. There are effective ways to protect strategic assets. Harassing people for taking pictures of them is not effective, and frankly only serves to draw more attention to an asset's perceived value.
"""They ask a question, and off you go."""
So, taking the example a little further: You would have no problem with a strip search before boarding a plane flight; after all, it's just a quick lookie-loo, and then off you go.
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There is nothing wrong with a cop (gasp!) talking to you. Moreover, the headling of this article and the linked article is misleading, in that the department statements says that detainment might only occur based on further facts/circumstances, not simply taking photos without apparent aesthetic value.
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link?
Anyway, it is my opinion that feeling threatened by a cop simply asking you some questions, is unreasonably thin-skinned.
Actually detaining you (i.e., you are not free to leave) is another matter. Did this particular photographer actually get detained? Or just asked some questions?
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Asked questions or detained?
What about if he decided to leave quickly (ie, run)? I bet his detainment would have included cuffs and bruised knees.
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Re: Asked questions or detained?
Given the police department's statement on this matter, yes, although I'm sure that would depend on all the circumstances of his departure.
At any rate, I don't see the value in creating a hypothetical scenario not based on these facts to get worked up about.
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You're right. There's probably more justification for strip searching air passengers.
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It's not at the level of being arrested, but being detained is a (very mild) kind of incarceration in that you are not allowed to leave. In other words, your rights are being abridged. This should not be done without a very good reason, and simply taking pictures you are legally allowed to take (regardless of artistic merit) doesn't even come close to being a good enough reason, in my opinion.
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Oh, I totally agree.
He wasn't detained as in arrested or taken to the station. He was "detained" as in the cop asked him what he was doing and if he had ID.
He was lucky that's all he got. I mean, did you see that photo?
If he had been actually arrested or harassed by being taken into the station or having his gear confiscated, that'd be one thing.
That's what trials are for. If he wasn't doing anything wrong, then he would eventually get out and get his stuff back. It's not like the cops are just walking down the street shooting people for taking pictures, now is it? So what's the problem? This story is just another example of the Masnick whipping the freetards here into a frenzy over nothing.
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Freetard? Most retards would probably have a hard time using the internet let alone figuring out how to use it to obtain free stuff.
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First, police are already, PER POLICE, overworked. Every minute spent harrassing photographers is a minute not spent doing something useful that might, you know, actually stop or solve a crime.
Second, photographers will simply work around them if necessary. They'll learn to come back when police aren't there or use concealed cameras or whatever. (Note carefully: the actual real live terrorist photographers have already learned this, so they are very unlikely to even be notice by the idiots who constitute nearly all police forces.)
Third, harrassing photographers who are allegedly taking pictures of possible targets is really a very nice assist to the terrorists, as it provides them with actionable intelligence. Even the dim-witted should be able to reason out in about 30 seconds how this can be both passively and actively exploited to generate a prioritized list.
Fourth, this practice suggests an excellent way to draw police attention away from the OTHER guy, who is either taking the photos that matter or doing something more kinetic involving the target.
There's more -- a lot more -- but I doubt any of it will penetrate the thick skulls of the morons who support this latest stupidity, so I'm disinclined to continue. Anyone else who would like to attempt educating the feeble-minded is welcome to try.
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Re: Joel
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WTF? You don't think a cop should be able to *talk* to anyone?
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WTH? You don't see the difference between talking to someone and stopping and interrogating them under color of authority? Typical.
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Response to: Joel on Aug 16th, 2011 @ 9:57am
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You know that there are many who take offense to those random "road checks," where there is no probable cause to stop.
Count me.
GBH
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I love that you use road checks as an example to back up your argument given that several states have ruled them unconstitutional.
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Fourth Amendment Blog:
Without having read the full opinion, just this brief extract, I can only echo the blogger's reaction:
Quite often this hypothetical, so-called ”reasonable individual” is insanely fearless, and unreasonably indifferent to reports of police beatings.
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Never never trust a cop.
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Response to: Joel on Aug 16th, 2011 @ 9:57am
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fashion photography
Is the weather unseasonable for sunglasses and a trench coat? They say a burnouse is very comfortable in the heat. I suppose it all depends on your choice of facial hair.
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Re: fashion photography
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Empty rhetoric on both sides
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Re: Empty rhetoric on both sides
The reason he mentions this is because it is troubling, and you just agreed that something that SHOULDN'T have any risks, now have them.
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Re: Re: Empty rhetoric on both sides
If you can't understand that then, well, do us all a favour and avoid reproducing. For the children!
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Re: Re: Re: Empty rhetoric on both sides
WysiWyg's point was that even though you are an immature, empty-headed idiot, you managed to make an inadvertent point that EXACTLY ECHOES MIKE'S.
But, continue on in ignorance, please; you seem to be better at making points that way anyway (and it's very entertaining to boot).
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Re: Empty rhetoric on both sides
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Awww, that's just 'cause there's history they don't teach in school.
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I tried
HOLY SHIT, WTF, HOLY SHIT, WTF... well, you get the idea. Police are now tasked with deciding what may or may not be considered art? Correct me if I'm wrong, but does that not count as thought control? "Excuse me citizen, but you cannot take a picture of that ashtray, it has no esthetic value. Move along."
The story seems kind of silly at first, but after a couple moments reflection, this is the scariest thing I've read in many moons.
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UK does the same thing
This is ANOTHER reason to downsize the police force. A few months after Obama took office he "hired" (provided our tax dollars for) thousands of new police officers in every state saying that, "it would help the economy and unemployment rate". Just like he tried, unsuccessfully (thank goodness), to spend your and my tax dollars hiring thousands of new IRS agents to "go after tax cheats".
More cops and more IRS agents, more "border guards", more Homeland Security agents and on and on.
Unfortunately when you hire all these new Fed, State "security" employees (with our tax dollars) it's almost IMPOSSIBLE to get rid of them. How far in debt is America again?
$14.616 TRILLION dollars and counting folks. Police state America. You asked for it.
VOTE FOR A SMALLER, SMALLER FEDERAL GOVERNMENT FOLKS!!
We're getting very, very close to being a police state.
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Re: UK does the same thing
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Re: UK does the same thing
The nationwide average ratio of police officers to citizens is still around 300 to 1... I think we are ok
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Re: Re: UK does the same thing
Perhaps - but consider - that the US has *THE* largest prison population in the world - surpassing even China in raw numbers, not per capita..
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Re: UK does the same thing
Indeed, the powers that be want a country with the productivity of the US, but the government of China.
However; the problems is that the productivity in the US is due directly to the freedoms. Take those away, and innovation and productivity go with them.
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Re: Re: Re: UK does the same thing
Look up Regional Planning Assoc (RPA), ICLEI, GreeNR, NYC2030 and other sustainability groups. Children are being taught to be citizens of the world instead of their nation. This green stuff is treasonous!!!!
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kill two birds with 1 stone
Should be a fun speaking engagement.
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Re: kill two birds with 1 stone
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Because everybody has the same tastes and thoughts of what ar is and what art is good ;)
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I might join you on that one... could be fun to argue symantics with a cop over 'esthetic value'.
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I had a cop ask me to delete a photo I'd just taking, claiming that the port of Beaumont is an important strategic site and that if my photo got on the internet it could be used by some terrorist to plan an attack. I deleted it but later regretted doing so and am always thinking about going back their and re-taking it just to piss them off. Then telling them that my camera instantly uploads the photos to the internet so I can only delete it from home.
It just cracks me up imagining some terrorist browsing flickr trying to find his next target. Give me a break.
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in other words
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Long Beach "Police"
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Re: Long Beach "Police"
I don't think it was illegal in Nazi Germany to photograph police...
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Re: Long Beach "Police"
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Detaining?
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Could it be?
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Re: Could it be?
That's why we need fashion copyrights! Then the police will have a legitimate excuse to stop and investigate people for possible fashion crimes.
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Re: Re: Could it be?
Oh no, cant anybody please think of the teenagers!
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new line to an old joke
the French are the cooks
the Germans are the engineers
the British are the police
the Swiss are the managers
the Italians are the lovers
In Hell...
the British are the cooks
the French are the managers
the Italians are the engineers
the Germans are the police
the Swiss are the lovers"
...and the art critics are the Long Beach police.
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According to the press, yes...
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I don't need the police. I find them to be more of a pain in the ass than a help. I got my car broken into. Do you think the Police care? Hell no!! They told me to go to the website and fill out a form. I got your forms right here (where the sun never shines).
Granny told me when I was young. Some people you can't trust because they lie for a living. The major ones are Police, Lawyers and Politicians. She said 'you are stupid and should be shot and put out of your misery if you ever believe anything they do or say.' She also added Judges to the list, but said that there were actually honest Judges. I've yet to find one. Especially in Family Court.
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Beauty is in the eye of the beholder.
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Amazing, for years I've always thought this quote said "beer holder"... My bad
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*cough*
Besides, just how many pictures can people take of the Queen Mary anyway... the only thing to photograph in Long Beach?
Just kidding. It's my birthplace.
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photos
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Does someone get to decide if the cops have any art sense?
I very often don't take photos of "touristy" things...I take pictures of old buildings, dirt, peeling paint and a variety of other weird and odd things.
Not everything has to have aesthetic value to be of use or have a value to the person taking it.
Wow. Detained...over an urban photo. Sometimes stuff just makes you crazy...this is one of them.
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So, both the petapizel.com and techdirt headlines are inaccurate. Simply taking a picture may result in getting asked some questions, but does not automatically justify or result in detention, according the police.
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Unless, that is, those photos have no apparent aesthetic value in the eyes of the police.
So, both the petapizel.com and techdirt headlines are inaccurate.
The Techidrt headline was accurate. You fail.
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But you won't, because you're all talk. Just as well as your new roommate would have you pillow-biting within 10 minutes of arrival at the city jail.
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Your personal experience can't automatically be extrapolated to others'.
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Photos and Police
As for the the folks who feel "threatened" when stopped and asked question by police, well, TFB cry babies. As many people have told me what to do with myself when I had actual warrants and so forth and you are whining because you feel "threatened" by an officer asking you a question? Seriously? Grow up. Stamping your feet and holding your breath does not work in the real world. The officer may actually have a reason to ask you a question, or he may be telling you to not go a certain way because a bad guy will pop a cap in your thick head.
You people who scream police state are disgustingly amusing to those folks who have actually lived in a real police state. Go to Russia, or many of the third world nations and act like that.
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Re: Photos and Police
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Re: Re: Photos and Police
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Re: Photos and Police
I thought you were actually going to say something cool till this drivel spewed fortheded. I don't understand your mentality of reverting people who are questioning the questioners on what subject they are being detained for, to crybabies. That's exactly why we feel threatened because your ilk is never on the beat they are always on the take.
If a stranger walks up we can look at them and go ..umm you care why? If an "officer" walks up to you..detainment..PERIOD. If you shrug and walk off they FREAK out, if you say nope I don't feel the need to show you my ID, bye. THEY FREAK OUT. QUESTIONS indeed..detainment and your guilty from the take fellow. That's why we question which is perceived as threatened ..not whine. Open your brain. Or am I just one of those fangled new TEXTBOOK cases of ODD? Rubbish pure rubbish.
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Re: Photos and Police
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Re: Photos and Police
Sounds like you've got some kind of chip on your shoulder, there. Why's that?
...many people have told me what to do with myself when I had actual warrants and so forth...
I see. So, you feel like someone else dissed you, that bruised your ego, and then you felt a need to go take it out on others. Typical. And you were an academy instructor? That sure helps explain a lot of bad cops.
You people who scream police state are disgustingly amusing to those folks who have actually lived in a real police state. Go to Russia, or many of the third world nations and act like that.
And if it were up to people like you, I imagine every place would be a police state. You, sir, are not amusing, although disgusting still applies.
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Re: Photos and Police
I would much rather encounter a mugger than a cop.
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Re: Photos and Police
The people will take this country back one way or another.
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C.A.
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I like the end of the article....
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I don't know very much about art, but...
But that aside, it's good news for art critics, cuz poolitze departments are gonna be hiring! Get a bad review, go to jail!
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That's my subjective opinion and I'm sticking with it.
So There! ;P
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Quick linguistic check
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The Aesthetics of Authoritarianism
If you really want to blow a cop's mind, throw the word acetic at them, and watch them hit overload while their puny minds try to breach the subject of control, doughy confections and incarcerations, and the concept of selflessness eats away real-time at their penal-gland. Hell, you could even do it to an educated officer...
Officer: "Sir, put down the camera, and put your
metacarpals upon your cranium immediately."
Tourist: "WTF? Are you nuts? You mean this one?"
Officer: "Sir, you may exercise your rights of Digitus Impudicus as you wish, but what you may not do is photograph anything of ascetic value."
Tourist: "But,....it's just the Virgin Mary,..and this is a public place! Or, did you mean aesthetic?"
Officer: "The latter Sir, my error; You may not photograph anything of aesthetic value." Begins to think: *Wait a minute... Was it with, or without [a]esthetic value???* "Damn!"
Tourist, observing introspection and the difficulties implied: "Officer, have you ever considered the subjective value of aesthetics? I mean, who really can say what has aesthetic value or not? I mean, a pulchritude to you may be an eye-sore to someone with proper taste...It's like how can anyone imagine steak tartare if they've only ever had McDonalds?"
Officer: Begins to shake. "ouurrghh..oooohhh,,,rfghhh,..BrrrRAHHAAAA!!" The officer is later transported to hospital, where his final days are spent on Thorazine as his authoritarian-atrophied mind futilely loops the endless torment of contemplation.
* We have pineal-glands - Cops have penal-glands.
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Eye-fi
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RE: Aesthetic Police
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arrest man for having poor artistic taste
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Re:
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Photographer's rights!!!
http://www.krages.com/ThePhotographersRight.pdf
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No Asthetic Value?
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Fresh Caustic
On that thought, should the photographer who shot all those images of the Battersea Power Station for Pink Floyd 'Animals' have been detained?
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Get a life..
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It's a CRIME enforced by Criminals
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They Want to Help You -- Stop Resisting Them
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Laws to halt proof of wrong doing
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Unconstitutional Hustlers best describes Long Beach City Government
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What???
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Storm Troopers
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Wait! Don't delete that one..
So if I take pictures of something that makes no artistic sense to the officer, I can go to jail. Nice. Better be careful not to photograph my shoes accidentally. And does that mean I can't just do a few practice shots to get an exposure setting? WHAT are these people thinking??!
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Same Fascism in DC and NYC and London
If we need to stop public photography, the why the stop light cameras? Why the speed cameras? Why the cameras hanging on the corner exterior of many buildings pointed at street corners? Aren't these useless anesthetic uses of cameras? I think so.
It seems to be the concept that police can survey you, but you can't survey anything else.
Anyone who submits to this type of harassment without fighting back vigorously verbally, has a misplaced view of law enforcemment. If the guys with the guns are making up their own laws, then it's time to tell them to bugg off in a big way! Cut their budget because they are useless, we have cameras that can do that work.
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That said, maybe Google should turn themselves in for aiding terrorist or conspiracy!
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Esthetics?
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simple solution
Don't go to Long Beach, and don't visit Long Beach businesses. Put the pressure on locals to change their laws and police policies. Otherwise, take your fun and money elsewhere; there are plenty of equally (if not better) options nearby.
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Wait a minute!
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Never again to the USA
Next week I fly to China. This is a free country compared to US.
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Police Say They Can Detain Photographers If Their Photographs Have 'No Apparent Esthetic Value'
Sometimes, cops do what they feel they can get away with. On LI, a cop arrested someone videotaping by a freelance journalist of something the cop was at fault for. Charges were thrown out.
On Channel 11 in NY tonite, a commentator named Lionel (Michael LeBron) spoke about a Boston incident where a citizen recorded a beating by police. Charges were thrown out in local court and then Federal lawsuit was upheld by 2 courts (I don't know if the PD is appealing).
In Philadelphia, cops have been writing disorderly conduct citations to those photographing SEPTA when the policy permits photography. I don't know the disposition of this.
I've been harassed many times all over the country. I've had my fill. It seems to me they're trying to get people to overreact so they can trump up charges on you. When they ask for your id, they run your name thru the crime computer for outstanding warrants - if you have one, they've 'done their job to fight crime'.
This is such hypocrisy. Get the ACLU on their case!!!! This is your defense!!!!
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Beauty is subjective. What is the world coming to?
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So obviously Long Beach, CA joins this list.
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