In my previous post, we found that taking photographs in public places is firmly protected under the Constitution.

Yet, in the cold light of post-September 11th New York City, the NYPD seems to think that it should be able to decide who is allowed to take pictures of anything that the police deem "sensitive." This kind of thinking is justified under the rubric of fighting terrorism.

In May 2005, documentary filmmaker Rakesh Sharma was videotaping traffic near the Met Life building when he was accosted by NYPD Detective James Alamia. Mr. Sharma was told that he was videotaping a "sensitive building." His passport was taken from him and he was threatened and roughed up. Mr. Sharma alleges in court papers that Detective Alamia "said words to the effect of 'we know how to deal with you guys, asshole' and told Mr. Sharma that he was authorized to punch him if necessary." After being harassed for a couple of hours on a midtown street corner Mr. Sharma was taken back to the 17th Precinct for more questioning and threats. At the end of an ordeal lasting several hours, the police gave the filmmaker's passport to him, returned his now-broken videocamera and released him without charge.

NYPD's Intelligence Division keeps database of photographers

The federal lawsuit filed on Mr. Sharma's behalf by the New York Civil Liberties Union includes shocking new information. According to the NYCLU, "the Intelligence Division of the NYPD is maintaining a database that includes the identities of everyone investigated for photography by the Division, regardless of the outcome of the investigation." The NYCLU says that a "substantial number of investigations of photographers and filmmakers" have been conducted by the Intelligence Division. In many cases these "investigations" involved threatening filmmakers and photographers in order to get them to destroy their images, or at least to show them to the police.

So there you have it. While the U.S. Constitution gives broad rights to photographers and videographers shooting in public places, if you actually try to exercise your right to take pictures, you may be subject to questioning, search, threats, assault, or arrest by the police. Your personal details may even be included in a special NYPD Intelligence Division database. With all the recent enthusiasm for "information-sharing" among local and federal law enforcement and "intelligence fusion centers", what is the chance that the information NYPD is collecting about photographers will stay in a lockbox down at One Police Plaza? My guess is zero.

Do you feel the chill in the air yet?