Legal Disclaimer

The following is for general information purposes only and should not be taken as legal advice for any particular situation. If you have a specific concern you should consult with an attorney familiar with the relevant issues in the jurisdiction in question.

The question includes the following and the answer below should be considered with this in mind:

I am wondering specifically in the US speaking broadly of all states. I am not looking for legal advice, but anything that one photographer to another would caution against as potentially being grey or obviously illegal.

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If the picture is taken on public property you can generally photograph whatever you can see. Courts have ruled that when we choose to enter public places we are not protected by the same expectations of privacy that we have in private places. You may photograph elected officials or private citizens in public places. If there are special events occurring you are subject to the same rules as anyone else attending and must follow special instructions of event coordinators or police directing traffic. You may not disrupt the flow of traffic on public roadways. Again, you are subject to the same rules as anyone else. Sporting events held in public facilities are governed by the rules of the sanctioning body. In the U.S., most college and professional sporting events are strictly controlled. Use of cameras beyond a cell phone or pocket point-and-shoot is not usually allowed without a press credential issued by the sponsoring school or league.

Police, fire, and other public officials have the right to restrict any activity that interferes with their actions. Overzealous officers have often claimed that the photographer's presence near a scene is interference. The courts have ruled in most cases that it is not. Photographers who disregard police directives- even when inappropriately given- can be arrested for disorderly conduct or for interference with a police officer's performance of duty. Disobeying a direct order can possibly constitute a felony.

Cities such as Washington, San Francisco, and New York have tried to ban photography in public transportation facilities such as subways, airports, and train stations but the Courts have ruled they can not do so. Don't be surprised if you are hassled anyway. Public buildings and infrastructure such as bridges, industrial facilities and trains are still perfectly legal to photograph, even after the events of 9/11/2001 and the passage of legislation such as the Patriot Act.

You can take photos on most campuses of higher learning, both inside and outside of classrooms. labs, gymnasiums, etc. If a class is in session, however, you need the professor's or another school official's permission. Residential spaces on publicly owned campuses are restricted the same as private homes or apartments.

You can take pictures of the portions of private property that are readily visible from public right of way. Believe it or not, it is legal to take photos of the lawn, front porch, and even the inside of a home that is visible through windows viewed from the street.

Places that are privately owned but open to the public are a little more restrictive. You may generally photograph in them as long as no one objects. Restaurants and retail establishments would fall under this category. So would the private parking lots of large shopping centers. Many businesses do have policies against photography on their property and it is within their rights to restrict it as they wish. If they have signs posted you obviously shouldn't take any photos. If there are no signs it is usually a good idea to ask first. If you are asked to not photograph in such a place and continue to do so you can be subject to trespassing laws.

Government buildings are public places but often have additional restrictions. There are no specific laws against taking photos in public elementary and secondary schools but the principal has the legal authority to decide who is and who is not allowed on campus, which effectively gives them the power to make that decision. Other school representatives may grant permission when acting on his or her behalf. City hall, state capitols, and the U.S. Capitol fall under special rules that limit public photography. Hospitals, even publicly owned ones, must protect the privacy of their patients and you need a written release from any patient before taking their photo. The inside of an ambulance or medical helicopter would also fall under this category, but treatment on a public sidewalk usually would not. Prisons are much like schools, the Warden gets to decide who has access to the prison but you must also have permission of any identifiable prisoner in your photo. Military bases, even if viewed from public roadways, are controlled by the officer in charge and his representatives. State and local courthouses are controlled by the state or the presiding judge, and for many years almost all did not allow photography. Recently that restriction has been eased in some jurisdictions, but normally only photojournalists are allowed access. The U.S. Supreme Court prohibits cameras in Federal Courthouses. Facilities such as CIA, FBI, NSA and other governmental agencies are strictly by permission only.

Photos that are embarrassing or intentionally place a person in a bad light are covered under civil laws. You can be held liable if a court rules your photo defames someone, even if the photo is a "true record of an event".

Children

There are no special rules regarding photography of children in public places, however it is always a good idea to identify yourself to parents or guardians and let them know what you are doing. Photos of "special needs" children have been considered truthful but embarrassing in several notable civil suits, so greater care should be exercised in that area.

In all the cases listed above, you can take photos for your personal or journalistic use, but not for commercial use. Any commercial use of a photo of recognizable persons requires their consent. The consent may be obtained either before or after the photo is taken.