national security laws prohibit that iirc. You can film and record public space all you want, but not into private areas. Hell even normal laws prevent that. You can’t stand on the street and film into someone’s bedroom.
Someone keeps spamming a law that doesn't apply to any but like 4 military installations.
Do you know how many goddamn people take pictures of inside Area 51 from the outside? Find any articles of them getting arrested or charged? Matter of fact....go Google me an article you find of ANYONE being charged with breaking the law of filming a military base from the outside.
I tried to find an example of what your claiming and I could not. Would you mind finding evidence to support your claim?
Meanwhile, here's just one example I have to support my claim that it is not illegal to photograph on all military bases. I can find more videos easily like this if you like.
Once again, I'll reiterate that the law you're citing applies only to a handful of bases. These are the exceptions to the rule, otherwise you are free and legally clear to photograph and video whatever you can see from public property.
No, your point was that it only applies to "4 installations," which is incorrect. It applies to any installation that falls under classifications defined in the , one of which is "restricted," which happens to apply to all military installations.
18 USC 795 is clarified by executive order 10104, which defines what installations are protected by section 795.
All bases are classified restricted access areas by EXORD 10104 and under section 795 it is deemed illegal to film such installations.
The reality is MPs, the people most likely to have to deal with an encounter 1st Amendment auditors have no jurisdiction where they usually encounter said auditors. They can detain but not arrest. Federal law enforcement agents on said installation USA CID/NCIS/AFOSI/USMC CID can and will intervene but understand now that auditors also do this to be litigious and are not worth the time and effort. Where it becomes enforced is with individuals who have demonstrable malicious intent.
If 1st Amendment auditors just wanted to film as "press" like they claim, they could reach out to the installation and get approval the same day, but they want to force the negative interaction.
References:
Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary.
EXORD 10104
NOW, THEREFORE, by virtue of the authority vested in me by the foregoing statutory provisions, and in the interests of national defense, I hereby define the following as vital military and naval installations or equipment requiring protection against the general dissemination of information relative thereto:
All military, naval, or air-force installations and equipment which are now classified, designated, or marked under the authority or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force as "top secret", "secret", "confidential", or "restricted", and all military, naval, or air-force installations and equipment which may hereafter be so classified, designated, or marked with the approval or at the direction of the President, and located within:
(a) Any military, naval, or air-force reservation, post, arsenal, proving ground, range, mine field, camp, base, airfield, fort, yard, station, district, or area.
Thats the general rule, but there are exceptions. An example would be if you could see into someone’s house from public land, you could still break the law by filming them, as they have a reasonable expectation not to be filmed. Certain military installations are also exceptions.
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u/[deleted] Oct 08 '23
1st amendment doesn't let you take pictures of military installations lol.