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63 Vand. L. Rev. 1131 (2010)
Street Shootings: Covert Photography and Public Privacy

handle is hein.journals/vanlr63 and id is 1141 raw text is: Street Shootings: Covert Photography and Public Privacy I. INTRODUCTION .............................. ..... 1131 II. THE RIGHT TO PRIVACY AND PHOTOGRAPHY .. .......... 1135 A. The Origin of the Right to Privacy and the Special Problem of Photography .............. 1135 B. Current Civil-Law Remedies ................ 1138 III. JUDICIAL TREATMENT OF PHOTOGRAPHY CLAIMS............. 1140 A. Accidental Celebrities: Nussenzweig v. DiCorcia ................................... 1140 B. Private Acts in Public: Gill v. Hearst Publishing Co.............................. 1142 C. The Original Upskirt Cases: Daily Times Democrat v. Graham and McNamara v. Freedom Newspapers ..................... 1142 D. Upskirt Cases: State v. Glas.................. 1144 E. Common Trends.......................... 1145 1. Reasonable Expectation of Privacy ............ 1145 2. Assumption of Risk. ........ ............ 1147 3. The Public-Record Argument .. .......... 1149 4. The First Amendment ................. 1150 IV. STREET SHOOTINGS As BATTERY ......... ............ 1154 V. CONCLUSION. ............................. ........ 1158 I. INTRODUCTION Street photographers, like snipers, pride themselves on stealth.' Camouflaged in nondescript clothing, they wander the streets undetectable, armed, and on the hunt. When they find their mark, they act quickly. As the famous twentieth-century street photographer 1. Street photography is a genre of photography that features people in candid situations in public places. For purposes of this Note, street photography will be used broadly to mean photography that occurs in public. It is well-established that people have a right to privacy in their homes and other nonpublic arenas. The terms public and public places apply to areas outside the borders of an individual's home or private property. Streets, parks, beaches, malls, amusement parks, and athletic fields are all examples of public places. 1131

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