Important to note that the 1st Amendment protections only bind the federal government and the states and their subdivisions, it does not apply to actions by any other entity including the railroad or any of its employees. Moreover, dependent on the actions of the photographer, there is the potential for a criminal and/or civil complaint for harassment or similar infraction. It has been well settled in the courts that the 1st Amendment is not an absolute right.
~Ken :: Fairmont ex-UP/MP C436 MT-14M1 ::
Black River Railroad Historical Trust