First Amendment

Amtrak Becomes Censor After Arresting Man Taking Photos for RR’s Own Contest

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Semiprofessional photographer Duane Kerzic has nothing bad to say about Amtrak, despite his arrest by Amtrak police for snapping photos of the railroad in an effort to win its annual “Picture Our Train” contest.

Kerzic had appeared on The Colbert Report to tell his tale of being handcuffed and held in a holding cell, and he had told his story on his website, the New York Times reports. But after Kerzic’s lawsuit settled, his website reference to Amtrak had just two words: “No comment.”

According to the Times, Kerzic had to take down the criticism as a condition of the settlement. The newspaper questioned the requirement. “How could Amtrak—the national railroad, whose preferred stock is owned by the American public and whose chief executive and board of directors are appointed by the president and confirmed by Congress—require that a website criticizing the railroad be shut down as a condition of settling a lawsuit for wrongful arrest?” the newspaper asked.

The Times says taking photographs is protected by the First Amendment, and police who have arrested people for exercising that right have faced lawsuits and liability. In one case, New York City paid $30,000 to a man arrested for taking pictures on a subway platform and $31,501 to a medical student who photographed every train station in the city.

Amtrak had no comment on the settlement.

Related coverage:

ABAJournal.com: “Despite Public Right to Take Photos, Police Are Camera-Shy and Worry About Pix of Buildings”

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