TomHackett wrote:
There are unresolved questions over photography in public vs. private spaces. In the United States, a photographer is generally allowed to photograph virtually anything (except, apparently, child pronography and sensitive infrastructure, the photographing of which might constitute a terrorist threat) as long as the photographer is not trespassing on private (including government) property. That's not to say what the photographer can do with the images--there are privacy, copyright, trade mark, etc. concerns when it comes to publication.
An interesting question arises when "private" property takes on "public" characteristics. Do first amendment protections apply in some cases? In 2003, the Supreme Court let stand an appeals court ruling that the LDS (Church of Jesus Christ of Latter Day Saints) could not restrict speech in a "public" square that Salt Lake City had given to the Mormon Church. I have often wondered whether the courts might extend such rights to quasi-public venues such as large shopping malls that are privately owned, but treated almost like public gathering places.
Hotels are generally privately owned. But within the hotel, there are "private" spaces (e.g. guest rooms) and "public" spaces (e.g. the lobby and sometimes ballrooms or meeting rooms). If a hotel welcomes the public in its "public" spaces, for celebrations, meetings, weddings, etc., should it be required to grant first amendment rights to the public using such spaces?
On a related question, if a hotel guest rents a room, shouldn't that guest automatically be licensed to carry and store "professional" equipment in that room and transport it through the hotel?
There are unresolved questions over photography in... (
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You are on to what I am thinking. Yes, private property but a fee was paid for board and services. Unreasonable restrictions could constitute a breach of contract. I've been a landlord, and you can not just make up rules as you go. The renter has rights too. Even attending a sports event has issues of contract law. Property is not the only right we have. Finding the balance point is the issue in everything.