Texas court tosses out ‘improper photography’ law as a free speech violation

2014-09-17T18:16:17-05:00

By Chuck Lindell Austin American-Statesman Originally published Sept. 17, 2014 The state’s highest criminal court on Wednesday tossed out a state law banning “improper photography” — photos or videos taken in a public place without consent and with the purpose of sexual gratification — as a violation of free-speech rights. In an 8-1 ruling, the Texas Court of Criminal Appeals said photos, much like paintings and films, are “inherently expressive” and therefore protected by the First Amendment. “Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of paternalistic interest in regulating the defendant’s [...]