The Navigator: Don’t shoot? But it’s a public space

The Miklus incident has prompted the TSA to review its policy on photography at screening areas, according to a post on the agency’s Web site. Many agency-watchers worry that the government will try to ban photography, but when I asked the TSA about the review, it said that the statement on the Web site has been misinterpreted. “We recognize that using video and photography equipment is a constitutionally protected activity,” TSA spokesman Greg Soule told me.

The agency is only reviewing its guidance to officers, he said, “to ensure consistent application” of its regulations. TSA posted a clarification on its site shortly after my inquiry.

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So what are the rules? And what should you do if you’re told to stop filming or photographing?

Osterreicher says that there are only two public areas in the United States where you can’t shoot pictures: military bases and nuclear facilities. “The warnings are clearly posted,” he says. “Otherwise, if the public is allowed, then so are their rights.”

But officials don’t necessarily agree with that broad interpretation. For example, the TSA’s current policy is that photography at security screening areas is permitted, as long as it doesn’t interfere with the screening process. But what, exactly, constitutes interference? The agency also prohibits photography of its screening equipment, specifically the screen that shows scanned items. But that rule would appear to contradict federal law, since the screening equipment is in a public area.

And while it’s okay to take personal photographs in state and national parks, commercial photos usually require a permit. Park police who don’t want you to take pictures can exploit that rule by drawing a fine line between an amateur and a professional photographer.

Indeed, what constitutes the difference? Is it the tripod, the price of the camera or the quality of the footage? When I tried to take photos in Florida Caverns State Park near Marianna, Fla., last year, a park official told me that I would have to pay $75 for a photography permit. But I could avoid the fee if I left some of my equipment in the car — specifically my tripod.

It’s an odd predicament, since we travel in a surveillance society. Law enforcement agencies can place cameras in public areas and monitor our comings and goings, but when we try to take pictures, we’re sometimes told that it’s not allowed. Why the double standard? Should you stand up for your constitutional rights the next time you try to take a snapshot of your family at the airport and a stern-faced security agent tells you that it’s illegal?

If you’re on vacation, it’s probably not worth it. That’s the advice Osterreicher gives NPPA members, too: It’s not worth a trip to jail. “Be courteous, be respectful and don’t get into an argument,” he says. “Should you have the time and want to push the issue, ask to speak to a supervisor or report the incident to that agency as soon as possible. Otherwise, they have a badge and you may lose the argument.”

“Just say, ‘Yes, officer, thank you, officer.’ And walk away.”

Elliott is National Geographic Traveler magazine’s reader advocate. E-mail him at .