A Texas court has thrown out a law prohibiting ‘up the skirt’ photography, on the grounds the previous ruling violated Texas’ citizens’ constitutional right to freedom of expression.
The Texas Court of Appeals ruled 8-1 to strike down part of a law which bans taking images of another person in public without their consent and with the intention to “arouse or gratify the sexual desire of any person”, criticising the “paternalistic” intrusion into peoples’ private right to be aroused.
Debjani Roy, deputy director of Hollaback!, a New York-based anti-street harassment group, speaking to the Guardian, claimed the decision was “a huge violation and absolutely appalling that the rights of predators are being valued over the rights of women and girls.”
Halie Ricketts, a victim of an ‘up the skirt’ shot in an Austin mall earlier this year, commented: “Currently the law is protecting the criminals and not the victims”.
The individual, who Ms Ricketts claims stuck a camera up her skirt and took a photograph, has not been charged.
The judges’ decision, released on Wednesday, said “photographs and visual recordings are inherently expressive”, as is the process creating them, ensuring their protection under the First Amendment.
INC News, 20/09/2014
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