Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Texas court throws out 'upskirt' photo law
Houston Chronicle ^ | September 17, 2014

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Texas
KEYWORDS: moralabsolutes; photography; pornification; privacyrights; texas
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last
To: 1rudeboy
I know. With my luck, my 2 seconds of ass scratching would become a global meme that lasts for years.
81 posted on 09/20/2014 12:16:37 PM PDT by southern rock
[ Post Reply | Private Reply | To 76 | View Replies]

To: SMGFan

If a willing model wants to pose for such a photo perhaps that’s protected by the 1st amendment. If some woman is victimized by a voyeur photographer that’s a sort of assault that should bring serious punishment.


82 posted on 09/20/2014 12:20:59 PM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fictional)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan

83 posted on 09/20/2014 12:21:12 PM PDT by Dallas59
[ Post Reply | Private Reply | To 1 | View Replies]

To: ansel12
Slacks, shorts, blue jeans, jumpsuit and space suit all come to mind. 😄
84 posted on 09/20/2014 12:33:39 PM PDT by ThePatriotsFlag ($$$$$$$$ DEFUND OBAMA! $$$$$$$$)
[ Post Reply | Private Reply | To 20 | View Replies]

To: SMGFan

Feel free to get your freak on, just as long as you don’t mention Jesus or his Father!


85 posted on 09/20/2014 12:34:01 PM PDT by rawcatslyentist (Jeremiah 50:32 "The arrogant one will stumble and fall ; / ?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Drango

That first up-burka shot will cure most of ‘em.


86 posted on 09/20/2014 12:36:39 PM PDT by ThePatriotsFlag ($$$$$$$$ DEFUND OBAMA! $$$$$$$$)
[ Post Reply | Private Reply | To 37 | View Replies]

To: ThePatriotsFlag

So female dress won’t survive in your modern world?


87 posted on 09/20/2014 12:38:12 PM PDT by ansel12
[ Post Reply | Private Reply | To 84 | View Replies]

To: SMGFan

I guess I’ll have to start wearing my kilt more often then ...


88 posted on 09/20/2014 12:39:06 PM PDT by BlueLancer (Pachelbel --- The original one-hit wonder.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueLancer

Not directed at you BL just adding to the conversation. Should I ever catch someone doing this to my Wife or one of my daughters I will beat him into a bloody mud hole. I’m subject to do the same thing should I see them doing it to some one else. With risk comes consequences.


89 posted on 09/20/2014 12:49:23 PM PDT by Dusty Road (")
[ Post Reply | Private Reply | To 88 | View Replies]

To: DoughtyOne

There is a group of willing women and pervs out there that do the mall thing. I was witness to it at the Galleria in Houston. Young attractive women wearing very short skirts walk close to the edge of the upper floors and pervs with camera snap pics. It kind of surprised me, but I figured its just big city stuff.


90 posted on 09/20/2014 1:00:37 PM PDT by BudgieRamone (Everybody loves a bonk on the head.)
[ Post Reply | Private Reply | To 42 | View Replies]

To: BudgieRamone

I agree with that take on it.


91 posted on 09/20/2014 1:30:20 PM PDT by DoughtyOne (Obama and the Left are maggots feeding off the flesh of the United States.)
[ Post Reply | Private Reply | To 90 | View Replies]

To: rey

You said a mouthful!


92 posted on 09/20/2014 1:56:34 PM PDT by Big Red Badger ( - William Diamonds Drum - can You Hear it G man?)
[ Post Reply | Private Reply | To 35 | View Replies]

To: SMGFan

The judge must enjoy having her nether regions photographed and posted all over the internet because you know that’s going to happen. Hope she doesn’t have kids or they’ll be used for some perv’s pleasure and she will only have herself to blame when nothing can be done to stop it.


93 posted on 09/20/2014 3:00:14 PM PDT by bgill
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan; Slings and Arrows
Did someone ask for pictures?


94 posted on 09/20/2014 3:02:40 PM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan

Just out of curiosity, can you video a cop in TX?


95 posted on 09/20/2014 3:55:31 PM PDT by TalBlack (Evil doesn't have a day job.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Black Agnes

It sounds like you are restricting this law to “under the perimeter” of the skirt. Are you going to invent “over the perimeter” for downblouse? If so, at what angle did this law make it illegal?


96 posted on 09/20/2014 10:25:59 PM PDT by sagar
[ Post Reply | Private Reply | To 49 | View Replies]

To: sagar

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.

Including 9yr old girls dressed like the Duggar daughters.


97 posted on 09/20/2014 11:51:22 PM PDT by Black Agnes
[ Post Reply | Private Reply | To 96 | View Replies]

To: BudgieRamone

And a good friend of mine had some perv try to peep toe camera up the skirt of her preteen daughters dress. They’re pentecostal. Strict pentecostal. No makeup, 2 blouses so no one can make out the ‘print’ of their bras, blouses with high collars and not even collarbones allowed to be shown. Ankle length skirts full enough so that the outline of their legs/hips can’t be seen. You know, clearly the preteen kid was ‘asking for it’. Right?

Now I guess, to keep the pervs from peep toe camera-ing up her preteen girls nether regions those kids will have to swelter in 2 blouses AND a long full skirt with full length leggings underneath. Because, they’re asking for it...

It’s not the crotches of the slutty girls that the perve really want to look at. It’s those that are clearly ‘off limits’ that excite them the most. If they just wanted to look at crotches, they could go to a strip joint for way less than the cost of their illicit cameras.

I had no idea this was even an issue until it happened to my friend and her kids. They were standing in line at Walmart (you know, because they were asking for it) and the oldest daughter noticed that a man in line behind them kept angling to get his foot as close as possible to her little sister and got suspicious...Now I guess the whole family would go to jail for violating the pervs right to take pics of her preteen sisters granny panties.


98 posted on 09/21/2014 12:03:12 AM PDT by Black Agnes
[ Post Reply | Private Reply | To 90 | View Replies]

To: Black Agnes

next thing you know exposing yourself will be a civil right


99 posted on 09/21/2014 12:15:36 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 98 | View Replies]

To: GeronL

apparently upskirting 12yr old penecostal girls already is.


100 posted on 09/21/2014 12:25:06 AM PDT by Black Agnes
[ Post Reply | Private Reply | To 99 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson