When is a public space not public?

It is a general principle of the law that the freedom of expression is protected in public spaces. In other words, a photographer has the legal right to take pictures on in a public place. This legal principle seems to be coming under increasing attack these days, often in the name of security. My workplace recently held a community day celebration outdoors in the park-like area in the middle of the office complex. A day or two before hand, we received an e-mail informing us that any employees who planned to take pictures should make sure they were wearing their work IDs. The area where the festivities were held is open to the public, and there are no signs or notices indicating any restrictions on public activities (other than the ubiquitous parking restrictions). To me, this would appear to be a public space, where photography is not only permitted but protected.

Now it seems that the rights of expression are under attack for commercial reasons as well. The downtown commercial center in Silver Spring, MD, certainly would appear to be a public space--streets run through it and anyone can walk there pretty much at any time. However, the Montgomery County has apparently leased certain streets to a developer, who is treating them like an enclosed mall. Among the activities being prevented by their security guards...photography. Unless the space is clearly identified as private, and the prohibited activities clearly posted, I think this is wrong. From a common sense perspective (which is a foolish notion when it comes to the law, I know), if it looks and feels like a public space, it should be treated like one.

See today's column by Marc Fisher for more details about photography restrictions in Silver Spring, MD.