Posted on 09/20/2014 10:53:56 AM PDT by SMGFan
The state's highest criminal court on Wednesday tossed out part of a Texas law banning "improper photography or visual recording" - surreptitious images acquired in public for sexual gratification, often called "upskirting" or "downblousing" - as a violation of federal free-speech rights and an improper restriction on a person's right to individual thoughts.
In an 8-1 ruling, the Texas Court of Criminal Appeals said photos, like paintings, films and books, are "inherently expressive" and, therefore, are protected by the First Amendment. The opinion supported a previous decision by the San Antonio-based 4th Court of Appeals.
Scotland rejects independence in historic referendum
"The camera is essentially the photographer's pen and paintbrush," the opinion written by Presiding Judge Sharon Keller said. "A person's purposeful creation of photographs and visual recordings is entitled to the same First Amendment protection as the photographs and visual recordings themselves.
(Excerpt) Read more at houstonchronicle.com ...
“Clearly you want to invest in the pants making industry. Because around you no woman in a skirt, no matter the length, would be safe from being peeped.”
Pants may not be as “safe” as you think they are. There will be technology that can see through garments. If that happens, are you in favor of criminalizing that technology as well? After all, they are eventually going to lust on 9yr old girls.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.