Upskirting Photo Law Overturned
(Austin, Texas)
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.OK
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.
"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."
1 comment:
Texas has some strange laws.
I remember back in the late 80s when Motorola sent us there, north Dallas area for a class.
After class we all wanted drinks.
Only way to get one was become a member at a local club for $1.00, then you got a free beer once inside.
Last time I worked there was 2003, we only went to package stores for beer and booze and drank in our hotel, or after work in a main club next to work down town.
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