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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
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To: SMGFan

Photos are exempt. If you look up someone’s skirt, that’s a violation of privacy, because it’s a private view. But if you take a photo and share it, then it’s not private anymore. /s


21 posted on 09/20/2014 11:10:09 AM PDT by DannyTN
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To: SMGFan

From what I understood of the ruling it was that which is shown in public is not covered by reasonable expectations of privacy (eg, Bikini at the beach) its not illegal since its public - but where there was a reasonable expectation of privacy like in dressing rooms, bathrooms, etc it was still illegal.


22 posted on 09/20/2014 11:10:11 AM PDT by Mechanicos (When did we amend the Constitution for a 2nd Federal Prohibition?)
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To: SMGFan
“Wasn't there a right to privacy? /s”

As a photographer I can tell you. If you are in a public place or visible from one. You have none.

23 posted on 09/20/2014 11:10:56 AM PDT by BigCinBigD (...Was that okay?)
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To: Alberta's Child

They do not!

If they did, any guy could walk up to a lady in public, strip her bare, and gawk away.

Hey, she has no right to privacy. /s


24 posted on 09/20/2014 11:11:08 AM PDT by DoughtyOne (Obama and the Left are maggots feeding off the flesh of the United States.)
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To: Alberta's Child

That’s what the Bolsheviks said. It’s why they turned the USSR into one giant prison.


25 posted on 09/20/2014 11:14:52 AM PDT by Olog-hai
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To: DoughtyOne

Uh, no. Parking your car in a public space doesn’t give anyone the right to steal the hubcaps, does it?


26 posted on 09/20/2014 11:16:57 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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To: DoughtyOne

Not to worry, sharia law is coming and this problem will go away.

Women can wear whatever they please as far as I’m concerned.

If I photo a street scene from a balcony, I shouldn’t be prosecuted because women’s low cut tops show their breasts.

If a man goes without a shirt and a woman finds that arousing and takes his photo, she should be prosecuted?


27 posted on 09/20/2014 11:17:25 AM PDT by SaxxonWoods (....Let It Burn...)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

> 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.


28 posted on 09/20/2014 11:18:32 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: Olog-hai

That’s ironic, because “protecting privacy” in public areas would require a police state ... which kind of eliminates the idea of privacy anyway.


29 posted on 09/20/2014 11:18:50 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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To: Alberta's Child

No, not really. All it would take is armed citizens.


30 posted on 09/20/2014 11:19:28 AM PDT by Olog-hai
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To: Snickering Hound

“Fragile...it must be Italian.”


31 posted on 09/20/2014 11:19:33 AM PDT by EEGator
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To: SaxxonWoods

Or stay home. Or wear a burkah. :’)


32 posted on 09/20/2014 11:19:47 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: Olog-hai

You mean anyone who thinks someone else is photographing them in public would have the right to shoot the guy? LOL. Yeah, that would work.


33 posted on 09/20/2014 11:21:14 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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To: ansel12

If a woman’s skirt blows up just as an innocent person photos a scene, he has broken the law?

Some are turned on by an ankle. You going to prosecute them for taking pictures of ankles?

Keep your private parts private if you are worried about them showing. I do.


34 posted on 09/20/2014 11:21:55 AM PDT by SaxxonWoods (....Let It Burn...)
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To: SMGFan

I’m going to play devil’s advocate here and suggest that this is telling as to how men view women. Whether the photographing is legal or not should serve as a warning to women who reveal too much. These are not photos of women wearing knee length skirts or collar high blouses, these are women wearing clothing that is inappropriate for the activity for which they are engaged (yes, some are likely inconvenient shots taken at just the right time). Whether or not someone is photographing you does not mean that someone is not viewing you in an inappropriate manner; someone may still lust or have sexual thought without a picture.

The problem is people wish to dress or behave in a any manner they like without any consequence. Is it inappropriate to treat a woman who dresses like a prostitute like a prostitute? If you dress like a biker or a gangster rapper and are viewed as dangerous, is that wrong? If your local law enforcement dresses more like a Seal Team member on a op than Barney Fife is it wrong to assume he primary mission is one other than to serve and protect?

Someone will say it is wrong to judge a book by its cover, but is it? Do you invite the guy with a swastika tattooed on his forehead to Thanksgiving Dinner and act surprised when he carves something other than the turkey?

Don’t get me wrong, I love tattoos, sleazy clothing, and inappropriate messages on T shirts. Never in history have the bad, the unstable, and the foolish been so clearly labeled.

Be careful of your thoughts, for they become your words, be careful of your words for they become our action, be careful of our actions for they become our character, be careful of our character for they become our destiny.

We are a people who wish to dress and behave in any manner without consequence; it speaks volumes about our character and our ultimate destiny.


35 posted on 09/20/2014 11:22:50 AM PDT by rey
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To: Alberta's Child

You’re presuming everyone who carries a gun or other deadly weapon is a criminal-minded person looking to gratify some dark impulses, by that comment.


36 posted on 09/20/2014 11:23:07 AM PDT by Olog-hai
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To: SMGFan

Upskirt some of the female judges, or the wives, mothers, daughters, sisters of the male judges. Bet the law changes quickly...


37 posted on 09/20/2014 11:24:11 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Olog-hai

thread visit in anticipation of photos of the evidence of the trial.


38 posted on 09/20/2014 11:24:47 AM PDT by morphing libertarian
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To: SaxxonWoods

I guess this means my 9yr old daughter can’t wear dresses in public again.

How much do you think upskirt photos of 9yr old girls would sell for on the internet?

Or did you think this just applied to grown women who venture out commando?


39 posted on 09/20/2014 11:25:22 AM PDT by Black Agnes
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To: Olog-hai
No, I'm not.

I'm trying to envision the scenario where an armed citizen encounters someone with a camera in a public space. Exactly what is the legal basis for the said armed citizen shooting someone whose only "crime" is taking a photograph in a public space?

40 posted on 09/20/2014 11:25:38 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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