Through the giant glass windows common in New York City apartments photographer Arne Svenson took photos of his neighbors without their knowledge. The photos were then complied as an exhibit that was shown at a local art gallery. A couple of angry neighbors decided to sue, but Svenson was protected by the First Amendment. The First Amendment does protect communicative photography of places and people in public spaces or plain view -- even your own home. However, non-communicative photography that does not have an audience is not protected. Because Svenson had an audience and used his photos to communicate a message about society as a whole, he was protected.
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