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Thread: Texas law against improper photography ruled unconstitutional

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    Texas law against improper photography ruled unconstitutional

    HOUSTON (KTRK) --
    The Harris County District Attorney's office is reviewing cases following a Texas Court of Criminal Appeals decision that tossed out part of the law banning improper photography in public places.

    By an 8-1 vote Wednesday, the Texas Court of Criminal Appeals upheld the decision of an intermediate state appeals court, ruling that the state ban on "improper photography" is too broad and violated First Amendment free-speech rights.
    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.
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    Re: Texas law against improper photography ruled unconstitutional

    I would say that the expectation of privacy also extends to what's below a woman's skirt.

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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.
    Another problem I have: who defines what is improper or not?

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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by Lutherf View Post
    I would say that the expectation of privacy also extends to what's below a woman's skirt.
    That's not affected by the law either. Cameras taking pictures up womens' skirts are still illegal.
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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by Lutherf View Post
    I would say that the expectation of privacy also extends to what's below a woman's skirt.
    What skirt?

    The ruling came in the Bexar County case of Ronald Thompson, who had been awaiting trial on 26 counts of improper photography. He was charged with photographing women at a water park wearing bikinis and bathing suits of various styles and colors, each described in computer images as an "unknown female."
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by TeleKat View Post
    Another problem I have: who defines what is improper or not?
    The state, of course.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: Texas law against improper photography ruled unconstitutional

    Well, now I'm a little confused. They were arresting people in TX for taking pictures of other people just hanging out? There was no extraordinary effort to get the pictures and the likenesses weren't being used for commercial purposes?

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    Re: Texas law against improper photography ruled unconstitutional

    So, you have the right to take pictures, but you don't have the right to choose not to have your picture taken.

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    Re: Texas law against improper photography ruled unconstitutional

    Quote Originally Posted by ttwtt78640 View Post
    The state, of course.
    That's what I'm worried about. They aren't exactly the best with definitions.

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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.
    Not in a public area.

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