BOSTON (CBS) – Boston Police are responding to a controversial picture that was taken at Sunday’s “Mass. Tea Party Coalition” rally on Boston Common.

Photographer Paul Weiskel snapped a photo that appears to show a police officer with his hands around the neck of an unidentified protester.

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That protester was actually involved in a counter-rally to protest what he called the Mass. Tea Party Coalition’s homophobic stance.

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Weiskel also snapped a picture as the officer allegedly attempted to take his camera away, which would be in violation of a recent court ruling that permits photographers to take pictures of police officers in public.

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Boston police responded to the photo saying, “Officers were faced with a group of extremely aggressive protesters and were dutifully maintaining order under difficult circumstances.”