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PRIVATE

“The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbor to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing there from, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.” [Hale v. Henkel] 201 U.S. 43 1906

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Discussion

Byrdman 2y ago

PUBLIC

public. adj. (14c) 1. Of, relating to, or involving an entire community, state, or country. 2. Open or available for all to use, share, or enjoy. 3. (Of a company) having shares that are available on an open market.

public domain. (17c) 1. Government owned land. 2. Intellectual property. The universe of inventions and creative works that are not protected by intellectual-property rights and are therefore available for anyone to use without charge.

public place. (15c) Any location that the local, state, or national government maintains for the use of the public, such as a highway, park, or public building.

public sector. (1934) The part of the economy or an industry that is owned and controlled by the government.

public servant. (16c) Someone who works for the government; esp., one elected to a government post.

public service. (16c) 1. A service provided or facilitated by the government for the general public’s convenience and benefit. 2. Government employment; work performed for or on behalf of the government. 3. Broadly, any work that serves the public good, including government work and public-interest law.

There Is No Right To Privacy In Public Places

Privacy is “the state or condition of being free from being observed or disturbed by others.” So It would be objectively unreasonable to expect privacy on a city street or a crowded subway. Therefore, the courts have interpreted this to mean that the privacy right of a person doesn’t apply unless that person has a reasonable expectation of privacy.

Put more directly, you have given up any expectation that you cannot be “observed or disturbed by other people” when entering a public space or being in a position where others can see you in a public space.

The practical result of that legal doctrine is that street photographers can take a picture of anything they can see from a public area, even if the photo’s subject is on private property. For example, a photographer would be free to photograph a couple sitting on a restaurant patio or inside the restaurant through a window as long as the photographer is on public property.