Question
There was a film crew in my city filming a popular TV show in a restaurant and sidewalk in front of the restaurant. I took some pictures from the public sidewalk across the street. None of my pictures were for anything but for my personal use–not commercial in any way. One crew member said just not to use a flash. Then 20 minutes later, another supposed crew person said I couldn’t take any pictures because they had a permit and they threatened to call the police and got pretty belligerent. I told the guy that I was in a public place and just a common fan–not encroaching on any filming efforts. I read in California film regulations that no permit is required for non-commercial private-only family filming… but can a permitted film crew like the one I described stop me from taking pictures from a public place inside or outside of the area where he has a permit?
Answer
The general rule is that photographing or filming what occurs on public property is legal. A public sidewalk is a “public forum” for purposes of the First Amendment, and any restrictions on expression in such an area must be “narrowly drawn to achieve a compelling state interest.” Int’l Soc’y for Krishna Consciousness v. Lee, 505 U.S. 672, 678 (1992). I am not aware of any authority for the proposition that if someone has a permit to use a certain public area, that entity could restrict your ability to take pictures in the public forum (absent a compelling state interest, which would generally not have to be something more compelling than helping an entity make a film).
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