Software developer, amateur photographer and self-proclaimed libertarian activist Antonio Musemeci and the NYCLU are suing the Department of Homeland Security for what they say was an unlawful arrest during a protest at the Manhattan federal courthouse last year. The lawsuit challenges a “government regulation that unconstitutionally restricts photography on federal property, including public plazas and sidewalks.”

Musumeci was videotaping the arrest of protestor Julian Heicklen in November 2009, when officers approached and asked what he was doing. Because he said he was freelancing (which he does for Free Talk Live – for free), he was arrested under a code which prohibits news or commercial photography on federal property. The situation was classic — very similar to the dozens of ones we’ve reported on here. The agents took his camera and poked around on it, talked down to him, threw their weight around. Ultimately only Musumeci’s memory card was confiscated after he suggested that would be the only relevant information for the agents. While charges against him were eventually dropped, Musumeci never got his memory card back.

From the NYCLU:

“We understand the need for heightened security around federal buildings, but the government cannot arrest people for taking pictures in a public plaza.”

It will be really interesting to see how this turns out, as it could be a watershed event for photographers’ rights.

You can read all of the events leading up to the arrest here.

Article from New York Daily News and blog of bile