Taking Pictures On Airplanes & At Airports: Is It Allowed?

I have a very memorable picture from 2006 of a brand new TAAG 777 in Luanda half obscured by the hand of a security guard trying to block me from photographing it.

I've recently flow 2 long haul flights with KLM.
They always announce that picture taking should be informed to a cabin crew first.

As I've sent you an email before, taking photos in the U.S. even at security checkpoints are protected by the First Amendment.

I remember in Hong Kong when you had extra security screening on U.S. and Australia bound flights, photos were forbidden even if you were not taking photos of the screening process.

I remember you getting crap from the Pakistan crew for taking photos lol

I am on leave today, but my day job has involved litigating the right to photograph at federal facilities, particularly border crossings.

At border crossings, photography is generally legal. But photographing CBP officials is not. Nor is photographing/videographing more secure areas - for example, videographing an official activating a cypher lock by punching in a passcode is not permitted.

As for general photographing, there is something a difference between the US and Europe. Germany seems to have a "right of solitude" and one can be prosecuted for photographing individuals, but photographing a crowd remains quite legal. Here in the US, I assume that I check my rights at the door when I leave my house.

Airplanes are tricky. But there's zero question whatsoever that photography in a U.S. airport is 100% legal and cannot in any way be restricted. The only possible restriction is photography at the Customs and Border Protection checkpoint upon arrival in the United States from an international flight. But even then I think the First Amendment would trump (no pun intended) the department's regulation preventing photography if a case went to the federal courts.

As I note, above, I have litigated this issue. The ACLU was well represented on the other side. There was a settlement, so no actual adjudication. But the settlement reflected an apparent ACLU concession that the right to photograph at a port of entry (land border station, airport immigration or seaport immigration) is not unfettered. Rather certain functions - like someone punching numbers into a cypher lock - are not permitted under rules published in the CFR.

Common sense. Don't take pictures at TSA, customs, or baggage area. On a plane ONLY pics of your fellow travelers. Why do people feel the need to take a picture of a flight attendant or the seatback pocket?

Shoot first, ask questions later.

I mean, with your camera. (Yeah, that's the ticket!)

Hotties, George, that's why. /s

Speaking of our laws, this president, and that court, psh, depending on who's doing it, that could be an extrajudicial renditioning to El Salvador, or a pardon and billions in crypto proceeds as prize. I think we kinda have a problem... lotta messes to clean up once the adults are back in-charge.

"Here in the US, I assume that I check my rights at the door when I leave my house."

Yeah, they aren't even really honoring the whole 'at your house' thing much anymore, depending on what you look like. *waving goodbye to the 3rd, 4th, 9th, and 14th Amendments*

3rd, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

4th, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."

9th, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

14th, The 14th Amendment makes the right to privacy in the home enforceable against state and local governments, not just the federal government.

The US Supreme Court has interpreted these and other amendments (like the First, Third, Fourth, and Fifth) to create a fundamental constitutional right to privacy that includes personal and marital privacy in the home, even though the word "privacy" isn't explicitly written in the Constitution.

Or, ya know, 6-3 decision can void all this and more, on a whim, if they receive 'gratuities' (bribes) or are threatened by Dear Leader. Insane, I know.

jfhscott, so, you represented the government (but not this admin) in cases like these, against the ACLU, who wanted a more broader interpretation, like Mike O. prefers?

What did Leo's character say in Blood Diamond, "T.I.A." Hmm. That must've been an Angola-thing, because, security don't seem to mind much in S.A. Have flown jump seat with Airlink while over (let's call them 'less strict') countries airspace.

You're right. KLM is explicit about that. Other airlines do not say so much. I recall mainland Chinese airlines sometimes demand all windows be closed when flying over certain airports, etc. And, Japanese airlines (ANA, JAL) include a segment of their safety videos advising against taking photos while evacuating.

Hope you were in Business Class and got your delft blue houses!

Why do Americans say "customs" when they mean "immigration"? So dumb.

There are airports around the world which are actually air force bases with a civilian terminal attached at one end. Obviously, photography there is prohibited. PNQ is one example I am aware of, I am sure there are more.

Where is the last picture at? Ashgabat?

Spot on. Same for FUO (Foshan) when I last visited in 2011...

Airfrance is also explicit about the (common sense) fact that you are not allowed to record or take picture of the crew or other passengers.

Tashkent.

I still remember his train ride with the locals heh :p

@FNT - last year a young Asian woman with an SLR was taking pictures in the queue at LAX Customs Arrivals and two officers there went bat-shit at her! They screamed at her to stop, pulled her out of the line and immediately made her delete the photos from her camera in front of everyone else. Zero tolerance that day for sure.

Whatever you do do not take pictures of anybody without prior consent unless you are on the broadway or sth similar. And do not publish them.

Just common courtesy and simply logic. Your plus one thinks you are on a business trip but alas you are not? Bad luck if some influencer just posts your face on social media.

So you do not post pictures of strangers on the internet. It can be expensive for every party involved.

Well, I will out myself a bit. I am with GSA, which owns most Land Ports of Entry (AKA, customs and border patrol on highways). DOJ did the formal litigating when some people taking photographs got roughed up by CPB. Not a good look, and ACLU represented the claimants who also sought injunctive relief.

ACLU was satisfied (at least satisfied enough to settle) with a settlement which identified limited areas photography cannot take place and time place and manner type restrictions (e.g., you cannot set up a ladder to take pictures which is either unsafe or interferes with the flow of pedestrian traffic). To some extent the government wanted broader rights to limit photography, and ACLU sought for broader rights. But it settled and guidance has issued to CBP. But I think all the attorneys got what the broad contours of the law were, hence the ability to settle.

Oh, all of this happened during 45. Settlement discussions in San Diego were my last trip prior to the world shutting down.

If this is how someone gets some pleasure in life... have at it.

As long as I am not in the pic - I don't care.

In the years following 9/11, there were many additional restrictions at US airports. We needed written approvals to take photos from the garage at Logan, for example.

I would also be approached regularly by airport police when I would take photos within the airport. Those restrictions have lifted for the most part.

In Europe you have to be mindful of privacy and ensure you don’t include anyone who can easily be recognised . It’s considered an invasion of privacy and a breach of GDPR.

Too many Americans ( and others) are quick to start recording staff when there’s an issue believing they have the right to do so. The don’t.

Then there’s that Josh Cahill clown who does exactly that, and has no hesitation filming staff and customers without redacting it images. Noel Philips does it too. Walking up to a checkin in filming. Some airlines make announcements not to film on board. If you have a doubt, ask.

They also say ticket counters for check in.

In France is prohibited by law. The right to your image.

Why do we say “dial a number?” Started out with rotary dial phones.

We “dumb Americans” call them ticket counters because you used to be able to buy tickets there, they today still check your ticket (e-ticket is still a ticket), etc. We say Customs, because Customs is separate from the baggage area. Maybe George did mean Customs. You collect your baggage and them proceed through Customs who may stop you.

Jessica and Icarus. If you two have dual citizenship, I hope neither passport says USA on it.

Sorry DELTA Diamond. You can’t take pictures at TSA Screening either.

In the US, airports are public property. The Supreme Court and many district courts have repeatedly affirmed the constitutional right to take pictures and videos from a public space is safeguarded by the first amendment. Once you get on the airplane, you’re at the mercy of the airline, you’re now on private property.

I flew a domestic United Airlines flight earlier this year. I was visiting the USA for the first time in decades and wanted to record my experience; I had priority boarding and I walked to the back of the plane, turned around and photographed the (at that point, empty) cabin.
I heard a stern voice behind me. "Excuse me, sir. Photography on board is strictly prohibited."
I turned around to see a grinning flight attendant. "Only joking!" she said.
The cabin crew were great on that flight.

At PDX the Port, who owns and operates the airport, takes the position that photography is not permitted in the gate areas which are leased to the airlines but are elsewhere.

As far as I know no one has tested this prohibition in court but means one shouldn't expect that you can take pictures everywhere in an airport without risk. It might take being arrested and prevailing in court, or on appeal, potentially all the way to the Supreme Court to get an answer. But of course that's really the way it always is.

Actually you don't know if you have the right until you test by allowing yourself to be arresting and then challenging the validity of the prohibition.

There are a lot of arrests and laws that are deemed unconstitutional and restrictions on taking pictures aren't exempt from the possibility that they might be also.

In the United states you generally have a First Amendment right to photograph anything that is in plain view from a public space.

I'm not sure why its common sense in the US given that there you generally have a First Amendment right to photograph anything that is in plain view from a public space.

Although your specialty is federal facilities I'd be curious to know your reaction to the Port's position that they don't govern and airlines can therefore prohibit photography and videography in the gate areas that are leased to them.

Enforceable?

And no one trip and broke a hip then sue the airline for pain and suffering at PDX yet.

I thought an order from cabin crew onboard is no joke.

I have a bomb. "Only joking!" won't end well.

No intelligent person would want to have a US passport nowadays . Republicans can’t understand irony and sarcasm, let alone string a coherent sentence together. They can’t even find the US on a map.

I was visiting friends in Spain and was told there is a law against taking a picture of someone else’s child (not something I would do without parent’s permission) even if it’s like a general photo of a public area. So since I was videoing an area 360* of Madrid’s beautiful squares I had to watch for children and avoid them. Who knew!

Manchester Airport (UK) has this restriction in the byelaws, section 4.25.
"No person shall take photographs or participate or engage in filming, video recording, sound recording or recording in any other form or medium including (but not limited to) electronic media in or upon the Airport, the Terminal Buildings or any part thereof except as a bona fide passenger."
Whether or not a travel blogger counts as a "bona fide passenger", who knows?
Also there's this section 4.23. "No person shall conduct or otherwise engage in any market research, survey or product testing survey or conduct any interview with passengers or employees of the Airport Company."
The byelaws are made by the Airports Act 1986, which privatized UK airports and gave the private operators the power to make byelaws - in other words, delegating the power to make laws directly to private for-profit companies. Who would have thought that privatizing the legislative power could be a bad idea? (If you thought the R.C.I.D. was bad, this is much, much worse.)

Can someone quote/cite the “department’s regulation preventing photography”?

@Steve, seems like we have another argument in favor of common-use gates.