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Old 01-25-2010, 07:09 PM
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Taken from the link that Maxharvard gave.

Quote:
You can take any photo that does not intrude upon or invade the privacy of a person, if that person has a reasonable expectation of privacy. Someone walking in a mall or on the street? Fair game. Someone standing in a corner, looking at his new Prozac prescription? No.
They're probably thinking that if they allow photography, how would they ever be able to control who, where, or when you are photographing. Let's face it, in today's society, if somebody saw a picture on the internet of themselves buying a prescription for Prozac they would sue the photographer, the pharmacy, & the mall owners. Whether they won the lawsuit or not means nothing. It would cost a lot of money to defend yourselves & it's just easier to disallow it all together.

Quote:
Let's say you're banned by the local mall for taking photos there, but you go back anyway and take more. Now you're trespassing. But unless the photos you take violate someone's expectation of privacy, your taking photos isn't illegal — only being there.
This was the point I was trying to make. Malls are privately owned properties that allow public access. They can make any rule they wish to make. If you don't agree with it, then you can fight them in court about that particular rule. That rule would have to violate one of your Constitutional Rights. For example: They don't allow blacks to sit at the counter or the front of the bus. Photography on a privately owned property, with public access, is not a right, it is a privilege. A privilege that can be taken away by merely asking you to leave.
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