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Thread: Texas law against improper photography ruled unconstitutional

  1. #21
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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by danarhea View Post
    I have mixed feelings on this. I can't stand perverts who use their cameras to take pictures of people in public for the purpose of sexual gratification, but the problem here is determining what is on a person's mind when he takes a picture. Accusing someone of a sex crime, based on pictures he or she took in public, is to assume that sexual gratification was the reason, even though you have no idea what that person is thinking. That, folks, is prosecution for a "thought crime" that might not even exist, and of course this should be unconstitutional. This ruling, BTW, does not affect the prosecution of scumbags who take pictures of women in bathrooms, where an expection of privacy does exist. Those POS can rot in prison, preferably in the general population.

    Discussion?

    Article is here.
    Yeah; the wholething seems to center arund a known sex offender taking pictures that could be construed as as stalking I would suppose, and on that front I'm for keeping an eye on such people. Now with respect to the general public and pictues or videos, I think such a law goes over the top and is in violation of the 1st Amendment. The biggest part of the problem is when the powers try to cross over and include the general public.
    “The people do no want virtue; but they are the dupes of pretended patriots” : Elbridge Gerry of Mass; Constitutional Convention 1787

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    Re: Texas law against improper photography ruled unconstitutional

    Does a picture of someone require a "model release" for that picture to be used for commercial purposes? Wouldn't cover the private perv situation but someone seeking to make money off it, perhaps.

  3. #23
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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by Fearandloathing View Post
    What about a child being washed of salt water? One is OK? Do 300 constitute pornography and what about a collection of photos of naked children?

    At what point does the state have the right to intervene on the side of the victim? If they have the right to arrest based on suspicious behavior in other crimes, they should be allowed to investigate here. If the photographer is shown to have a collection of photos of children in suggestive settings, what then?

    It's kind of too late once the filth has been posted on the internet..
    There is no victim, especially if the photos where taken in public space and not used commercially. The way to prevent children from having their pictures taken in a public space naked, is not to have them be naked. You have NO expectation of privacy in a public setting.
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  4. #24
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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by AliHajiSheik View Post
    Does a picture of someone require a "model release" for that picture to be used for commercial purposes? .
    Yes, even if the image was made in public. I know of a case in which a photographer sold an image of kids on a carousel which was used in a brochure. Both the photographer and the publisher of the brochure were successfully sued by the father of one of the children on the carousel.

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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by Fearandloathing View Post
    What about a child being washed of salt water? One is OK? Do 300 constitute pornography and what about a collection of photos of naked children?

    At what point does the state have the right to intervene on the side of the victim? If they have the right to arrest based on suspicious behavior in other crimes, they should be allowed to investigate here. If the photographer is shown to have a collection of photos of children in suggestive settings, what then?

    It's kind of too late once the filth has been posted on the internet..
    now we begin the slippery slope. child pornograph has a specific definition.
    i don't see how being at the beach or in a swim suit is suggestive settings.

    putting a child in a suggestive setting is already part of the definition of child pornography.

  6. #26
    Outer space potato man

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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by Erod View Post
    So, you have the right to take pictures, but you don't have the right to choose not to have your picture taken.
    To have it otherwise would require it basically to be illegal to take any photo in a public area. I can't guarantee there are zero people in line of sight of my camera, and I can't individually gather documented permission of every single person who happens to be at a concert.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

  7. #27
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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by clownboy View Post
    It was probably designed to go after the pervs that hang around playgrounds, schools and beaches to take pictures of the little girls. We had one longtime pedophile up here who used to go to the kids' games, upset quite a few folks but nothing could be done [legally].
    Probably because it's hard to prove the difference between "I'm taking pictures of little kids because I'm a pedophile" and "I like soccer so I'm taking pictures of soccer."
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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