Following up on photography in Silver Spring, MD

[resqgeek]

Last month, I wrote about a photographer who was hassled by security guards in Silver Spring, MD. While Ellsworth Drive might appear to be a public street, it is apparently leased to a developer, who wished to restrict photography for "security and business reasons". Yesterday, the Montgomery county attorney issued an opinion that states that Ellsworth Drive "constitutes a public forum" and that the First Amendment protections apply. The letter from County Attorney Leon Rodriguez to the County Executive noted that the "publication, dissemination and display of photographs" are included in such protections and that while the courts have not clearly resolved the issue of taking photographs as a protected expressive act, "it is likely that a court would consider the taking of the photograph to be part of the continuum of action that leads to the display of the photograph." Basically, the county had identified this location as a public space where photography is a protected expressive activity. A small victory for the First Amendment and common sense.

[From an article in the Washington Post]