Can I Film Someone From Public Property?

[Jetacle]

What is the name of your state (only U.S. law)? California

There is a rumored haunted religious institution in my area and a couple of friends and I decided to go and video tape the experience. We drove up to the entrance of the church (never actually stepped past into the church gate or got out of the car) and did some filming from inside the vehicle. From what I could tell we were on a public road, and thus on public property. Anyway, someone from the church, cult, institution or whatever it is came to the church gate, shined a flash light at us and yelled at us and said "You can't videotape me." We have the whole thing on camera, and after the person said that we immediately drove away. Just wondering, isn't it our 1st Amendment right to record what we recorded, and is it possible for the church to press charges? Just wondering if we could get in trouble. Thanks in advance guys.

 

[quincy]

What is the name of your state (only U.S. law)? California

There is a rumored haunted religious institution in my area and a couple of friends and I decided to go and video tape the experience. We drove up to the entrance of the church (never actually stepped past into the church gate or got out of the car) and did some filming from inside the vehicle. From what I could tell we were on a public road, and thus on public property. Anyway, someone from the church, cult, institution or whatever it is came to the church gate, shined a flash light at us and yelled at us and said "You can't videotape me." We have the whole thing on camera, and after the person said that we immediately drove away. Just wondering, isn't it our 1st Amendment right to record what we recorded, and is it possible for the church to press charges? Just wondering if we could get in trouble. Thanks in advance guys.

If you can see it from a public vantage point (ie, by not trespassing on private property or peering through windows), then you are generally allowed to film what you see.

That said, someone or ones who are intent on keeping what was videotaped private can cause you all sorts of grief. And, if what you videotaped intrudes on the privacy/publicity rights of another, there could potentially be a legitimate suit filed against you, as well (although I don't see one from what you have posted).

The videotaping itself generally causes less legal problems than what is done with the videotape after filming. I would advise that you not publish the videotape or, especially, attempt to make a commercial use of what you filmed, without having the videotape reviewed by an attorney first, to ensure you are on sturdy legal ground.

 

[jaydenmoorie]

Its not our right to film someone's public property. First of all we have to take permission from the owner for that.

 

[quincy]

Its not our right to film someone's public property. First of all we have to take permission from the owner for that.

What is true in your part of the world, jaydenmoorie, is not necessarily true in all parts of the world - although in the case of this particular poster, your comments do not apply to either your part of the world (Canada) OR the U.S.

Public property can generally be filmed without problem in both of our countries.

There are Canadian legal forums, by the way, where your advice (such as it is) may be more applicable. We handle U.S. law questions (and answers) on this forum.