Photographs spur debate on First Amendment
From the Baltimore Sun:
The snapshots seemed harmless, or so Chip Py thought.
Strolling around downtown Silver Spring on a recent afternoon, the amateur photographer began shooting the architecture of one of the city’s grandest revitalization efforts — a popular mix of shops, restaurants and outdoor gathering spaces that has transformed the once sleepy downtown area.
The photo shoot was cut short when a security guard ordered Py to stop, saying that photographs were not allowed on the private property.
Py was upset. Wasn’t downtown Silver Spring, a project built with millions in city and state funds, a public space?
According to the developers and Montgomery County officials, the answer is no. Py has since organized a group of about 250 concerned residents and consulted an attorney with the American Civil Liberties Union to fight what he called an attack on his First Amendment rights.
Last night, the development team, PFA Silver Spring LLC, issued a new policy, allowing photography in the area. And on July 4, it plans to display a “Welcome Photographers” banner on the site.
But Py insists photography is not his sole concern. All types of free expression should be permitted, from political campaigning to handing out fliers and other literature, he said. “They are telling us it’s OK to take pictures on the street, but we don’t have any other First Amendment rights,” he said. “They don’t want to talk about public-private rights on a street. … We are asking for some First Amendment considerations in our town.”
At noon on Independence Day, Py’s group is planning a march on Ellsworth Drive, which runs through the development.