Prosecutors have agreed to instruct law enforcement officers that it is legal for individuals to take photos in public spaces outside of federal courthouses. In 2009, Antonio Musumeci, a member of the Manhattan Libertarian Party, claimed he was illegally arrested after videotaping the arrest of fellow Libertarian Julian Heicklin, who had been handing out pamphlets outside the U.S. Courthouse at 500 Pearl St. in Manhattan
A software developer from Edgewater, N.J., Mr. Musumeci was charged with violating 41 CFR §102-74.420, which places restrictions on taking photos on federal property. While the charge ultimately was dismissed, the New York Civil Liberties Union filed suit on Mr. Musumeci’s behalf, claiming the law was “vague” and “inconsistently enforced,” and seeking to enjoin officials from restricting “non-commercial photography in outdoor public areas where pedestrians have an unrestricted right of access.”
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