Pictures: Violation of Privacy?

Pictures: Violation of Privacy?

Individuals have every right under the 1st amendment to take photos in a “public forum” if they are “communicative” in nature or, in other words, if the photos possess “(1) a message to be communicated; and (2) an audience to receive that message, regardless of the medium in which the message is to be expressed.” [per the U.S. Supreme Court… see  http://www.firstamendmentcenter.org/photography-the-first-amendment for more information.]

Also, you may note that access to pictures uploaded in Smartwebs is protected by user authentication and, therefore, not available to the public.

Trespassing on private property would change the circumstances, of course, but as long as photos are taken on public property and  can be defined as “communicative” per the U.S. Supreme Court, photos may be taken to “communicate” violations of the governing regulations of any community.

/ Home Owners Association
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