Texas Court Upholds Right To Take 'upskirt' Pictures

Aushiker

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A court has upheld the constitutional right of Texans to photograph strangers as an essential component of freedom of speech - even if those images should happen to be surreptitious “upskirt” pictures of women taken for the purposes of sexual gratification.

Criticising an anti-“creepshot” law as a “paternalistic” intrusion on a person’s right to be aroused, the Texas court of criminal appeals struck down part of the state’s “improper photography or visual recording” statute which banned photographing, broadcasting or transmitting a visual image of another person without the other’s consent and with the intention to “arouse or gratify … sexual desire”.
More details in the article at the Guardian.

Andrew
 

GBarrington

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Personally, I've always felt an 8X10 field camera was best for 'upskirt' photos. What you lose in 'stealthiness' you gain in incredible detail. Though I 'hear' that giant wooden tripod can trip the subject and land her in the hospital. A small sacrifice, I think, to maintain my freedom of speech.
 

Aushiker

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Yeah, but tabloids have been around since 1821 too... Maybe I should rephrase: Aren't they like the FOX news of the UK? ;-)
From Wikipedia ...

The Guardian has changed format and design over the years, moving from broadsheet to Berliner. It has become an international media organisation with affiliations to other national papers with similar aims. The Guardian Weekly, which circulates worldwide, contains articles from The Guardian and its sister Sunday paper The Observer, as well as reports, features, and book reviews from The Washington Post and articles translated from Le Monde. Other projects include GuardianFilm, the current editorial director of which is Maggie O'Kane.

Notable scoops include the newspaper's breaking of the News International phone hacking scandal in 2011, particularly with the revelation of the hacking of murdered teenager Milly Dowler's phone.[6] The investigation brought about the closure of one of the highest circulation newspapers in the world, the News of the World.[7] The newspaper also broke news of the secret collection of Verizon telephone records held by Barack Obama's administration in June 2013,[8] and subsequently revealed the existence of the PRISM surveillance program after it was leaked to the paper by NSA whistleblower Edward Snowden.[9] The Guardian was named newspaper of the year at the 2014 British Press Awards, for its reporting on government surveillance.[10]
Each to their own but in my world it is a pretty credible paper.

Andrew
 

Cederic

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The Guardian has a strong liberal bias (by UK standards, let alone US) but it's a 'credible' newspaper rather than the gutter press. Avoiding the word 'tabloid' as sheet size is no longer a differentiator in journalistic integrity here.

This has reminded me though, in the US next month, need to research photography law in California, Utah, Nevada, New Mexico, Arizona, Oklahoma and Texas. Not planning on any upskirt shots (don't own an 8x10) but would be nice to avoid accidentally breaking the law.
 

WT21

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More details in the article at the Guardian.

Andrew
Reading the article, it seems the criticism is on the wording of the law.

Just under the first photo caption it says "Judges expressed concern that the broadly-worded law could lead to the criminalisation of paparazzi journalists"

And later in the article "The appeals judges appeared to agree, stating that although “upskirt” type-images are intolerable invasions of privacy, the wording of the law is too broad."
 

Pyrate

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Wow not a fan of Texas even though I live in Dallas. Some pretty insulting comments here.
 

Pyrate

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I think discussions are fine, even unsavory ones like this. I am guessing upskirt photographs are not a texas thing.
 

usayit

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Some call it the arm pit of NYC.
Btw... The article is being purposefully controversial with the opening paragraph and title. They made it sound like the court upheld the right to invade ones privacy which is further from the truth. its terrible tabloid style writing EVEN if it is from a historically respected source.

READ between the lines.....

I personally think the Texas court ruled correctly.
 

kevinparis

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Yeah, but tabloids have been around since 1821 too... Maybe I should rephrase: Aren't they like the FOX news of the UK? ;-)
Ahem... no... no... no.. they are the absolute opposite of Fox 'News'... the Guardian is like the Washington Post.. a well respected liberal leaning daily broadsheet

really if you think the Guardian is like Fox news you really ought to learn to do some research before making stupid statements

sheesh

K
 

alex66

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I thought reading the article that the judge thought the law could be misused to stop legitimate photography including some journalism work and as such needed to be more precise in its language. The Guardian is a quality slightly left of centre paper but on occasion has the habit of over dramatising things and has some opinion piece writers who seem to be deliberately provocative. It is though the paper that broke the whole hacking scandal over here, was bold enough to print the NSA things and does run articles on things that are kept quiet else where. The comment section can be a great chuckle sometimes as well.
 
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