*** *** and I personally know each other as both of us went through a women’s job readiness program, Women’s EmpowermentWe currently work together and have for the past three year at a separate business
Women’s Empowerment (WE) host a yearly gala for their current graduates and also invites past grad to their public event as wellDue to the nature of relationship between our current employer and WE, there are a few women at our current place of employment who are invited annually to support their cause
Thus, this year seven of us that are employed with this employer were invited to attend their public annual gala on June 26, All seven women, including myself are women who hold many things in common as working together on a daily basis and graduating from WE
In the past we have all taken pictures together by employee of WEI currently have pictures at my desk of *** *** and the other women as wellOur management staff where we are currently employed as has pictures of all of us together
On the evening mentioned 6/26/at Women’s Empowerment public gala *** *** was happy and obliged all who wanted to take pictures of all of us togetherYes, we all took many group picturesWE did not expressing state (as the event was public) a no photo policy nor forbid photosThey too also had a video photographer, and staff going around taking different photos of the eventFurther, *** *** did not mention or request to anyone taking photos not to post them on the internetShe willing posed with all women to be posted
These photos were posted on my website a few weeks laterI received a text message from *** *** on 7/13/at approximately 16:stating:
***
I need your helpPlease take my pic off your websiteSomeone that has been looking for me found my pic on your siteHow I don’t knowBut he know about WE and that was my safe havenYou need to have consent from the people you post because you don’t know their situationsPlease do the ASAP thanksHe finds me her at PI we’re going to have major problem
My response 7/14/6:48am stating:
***,
Sweetie while I can and do respect your wishes to not be on my page, please don’t over exaggerate, lie, or THREATEN me for now I do have a problem with you on the basis that you just threatened me
I believe this very public link that you yourself have put out lets everyone know where you currently workThe problem you have is with yourself, not meYou have told the world where you work***
** search displayed first, last name, picture, city residing and place of employmentPlease note she has not removed herself from being seen in a Facebook search after receiving my text with the above link
Second, I never mentioned anything about women’s empowerment on my site
The World Wide Web is full of personal information
I only responded to this text as it appears your being funny and to CYAWe both are grown women ***; in the future you can and should approach me much better than this, and NEVER threaten me again
End
Later I contacted my attorney in regards to this matter because as initially stated to ***, while I can respect her wishes I am not violating any laws or personal rightsI do have a right to consult my attorney, I do have a first amendment rights, I have a right to legally do what is well suited for my businessI also have rights to fight against anyone who is making fraudulent claims against me and my business.
My First Amendment right states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievancesPhotographs as speech
No Supreme Court decisions directly address a photographer’s First Amendment rightsThe rulings closest to that issue involve expressive speech and conduct
“The First Amendment literally forbids the abridgment only of ‘speech,’ but we have long recognized that its protection does not end at the spoken or written word … we have acknowledged that conduct may be ‘sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments.’
“In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, we have asked whether [a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it.” Texas vJohnson (1989)
Six years later, the Supreme Court reiterated, “To achieve First Amendment protection, a plaintiff must show that he possessed: (1) a message to be communicated; and (2) an audience to receive that message, regardless of the medium in which the message is to be expressed.”Hurley vIrish-American Gay, Lesbian & Bisexual Group (1995)
So speech or conduct (taking photographs) that satisfies both of the elements above is allowed and protected in the “public forum.” Using this guide, we can look to the courts and find one type of photography that is not protected by the First Amendment: private recreational photography that is for one’s own personal use.
First Amendment Center FREEDOM OF THE PRESS, PRESS RESEARCH
Photography & the First Amendment
*** ***
LEGAL RESEARCHER
Sunday, January 1,
***
With my research and attorneys advice I am within my full rights and am not violating the rights of *** *** is being vindictive for reasons that are beyond my knowledge or explanationI had therefore left all pictures originally posted on my siteEven though I am well within my legal rights and not violating any persons remove the pictures with her in them from my site
*** *** and I personally know each other as both of us went through a women’s job readiness program, Women’s EmpowermentWe currently work together and have for the past three year at a separate business
Women’s Empowerment (WE) host a yearly gala for their current graduates and also invites past grad to their public event as wellDue to the nature of relationship between our current employer and WE, there are a few women at our current place of employment who are invited annually to support their cause
Thus, this year seven of us that are employed with this employer were invited to attend their public annual gala on June 26, All seven women, including myself are women who hold many things in common as working together on a daily basis and graduating from WE
In the past we have all taken pictures together by employee of WEI currently have pictures at my desk of *** *** and the other women as wellOur management staff where we are currently employed as has pictures of all of us together
On the evening mentioned 6/26/at Women’s Empowerment public gala *** *** was happy and obliged all who wanted to take pictures of all of us togetherYes, we all took many group picturesWE did not expressing state (as the event was public) a no photo policy nor forbid photosThey too also had a video photographer, and staff going around taking different photos of the eventFurther, *** *** did not mention or request to anyone taking photos not to post them on the internetShe willing posed with all women to be posted
These photos were posted on my website a few weeks laterI received a text message from *** *** on 7/13/at approximately 16:stating:
***
I need your helpPlease take my pic off your websiteSomeone that has been looking for me found my pic on your siteHow I don’t knowBut he know about WE and that was my safe havenYou need to have consent from the people you post because you don’t know their situationsPlease do the ASAP thanksHe finds me her at PI we’re going to have major problem
My response 7/14/6:48am stating:
***,
Sweetie while I can and do respect your wishes to not be on my page, please don’t over exaggerate, lie, or THREATEN me for now I do have a problem with you on the basis that you just threatened me
I believe this very public link that you yourself have put out lets everyone know where you currently workThe problem you have is with yourself, not meYou have told the world where you work***
** search displayed first, last name, picture, city residing and place of employmentPlease note she has not removed herself from being seen in a Facebook search after receiving my text with the above link
Second, I never mentioned anything about women’s empowerment on my site
The World Wide Web is full of personal information
I only responded to this text as it appears your being funny and to CYAWe both are grown women ***; in the future you can and should approach me much better than this, and NEVER threaten me again
End
Later I contacted my attorney in regards to this matter because as initially stated to ***, while I can respect her wishes I am not violating any laws or personal rightsI do have a right to consult my attorney, I do have a first amendment rights, I have a right to legally do what is well suited for my businessI also have rights to fight against anyone who is making fraudulent claims against me and my business.
My First Amendment right states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievancesPhotographs as speech
No Supreme Court decisions directly address a photographer’s First Amendment rightsThe rulings closest to that issue involve expressive speech and conduct
“The First Amendment literally forbids the abridgment only of ‘speech,’ but we have long recognized that its protection does not end at the spoken or written word … we have acknowledged that conduct may be ‘sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments.’
“In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, we have asked whether [a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it.” Texas vJohnson (1989)
Six years later, the Supreme Court reiterated, “To achieve First Amendment protection, a plaintiff must show that he possessed: (1) a message to be communicated; and (2) an audience to receive that message, regardless of the medium in which the message is to be expressed.”Hurley vIrish-American Gay, Lesbian & Bisexual Group (1995)
So speech or conduct (taking photographs) that satisfies both of the elements above is allowed and protected in the “public forum.” Using this guide, we can look to the courts and find one type of photography that is not protected by the First Amendment: private recreational photography that is for one’s own personal use.
First Amendment Center FREEDOM OF THE PRESS, PRESS RESEARCH
Photography & the First Amendment
*** ***
LEGAL RESEARCHER
Sunday, January 1,
***
With my research and attorneys advice I am within my full rights and am not violating the rights of *** *** is being vindictive for reasons that are beyond my knowledge or explanationI had therefore left all pictures originally posted on my siteEven though I am well within my legal rights and not violating any persons remove the pictures with her in them from my site
Please excuse the delay in responseI did not receive the initial notification.
Attached you will find my response and the two pictures in mention
Should you need to contact me or need any further information
I can be reached directly at ###-###-####
Thank You