Legal Question in Personal Injury in Tennessee
Is this covered under Freedom of the Press?
Is it legal for a photographer to take a picture of a murder victim in his own yard, private property, without permission of law enforcement officials or family and print this picture in the paper? This happened during the investigation of the crime, shortly after the body was discovered and the photographer had to cross a crime scene tape to take the picture. The photographer readily admits that he was on private property and did not have anyone's permission.
1 Answer from Attorneys
Re: Is this covered under Freedom of the Press?
Taking the photograph is legal, and the question is not one of Freedom of the Press.
The question is one of trespass. If the photographer did not have permission to be there and had in fact been told before NOT to be there, then the photographer was criminally trespassing and could be criminally charged.
If the photographer did not have permission but had not been told before to stay off of the property, the owners of the property could SUE for the trespass, but the cause of action would be for the damages (if any) for being on the owner's property without permission, and NOT for taking th photo.
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