It’s been a week of depressing news for the treatment of women in public spaces. Not only have more stolen celebrity nude photos been leaked, but we’ve seen a YouTube star turn street harassment into a “prank” and a young female actress get harassed and threatened for daring to speak up against sexism. And to put the cherry on top of this lovely cake: “Creepshots” are legal in Texas again.
How can taking obviously invasive and pervy photos be protected by the First Amendment?
Texas’ highest criminal court struck down part of a law banning “upskirt” photos on Wednesday, arguing that photos taken without permission in public are entitled to First Amendment protections. Outlawing “improper photography or visual recording,” the Texas Court of Criminal Appeals panel ruled, would be a violation of federal free-speech rights and a “paternalistic” effort to regulate the photographers’ thoughts.
“The camera is essentially the photographer’s pen and paintbrush,” Judge Sharon Keller wrote in the court’s 8-1 opinion. “A person’s purposeful creation of photographs and visual recordings is entitled to the same First Amendment protection as the photographs and visual recordings themselves.”
I guess it didn’t occur to the judge that the area hidden beneath a person’s clothing isn’t public space. But who would expect a woman’s right to her own bodily privacy to be a priority in a state that’s famous for hacking away at pro-choice healthcare rights?
Privacy can only go so far… ultimately, writes Keller, “[p]rotecting 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 mind’ that the First Amendment was designed to guard against.”
This is a huge violation and absolutely appalling that the rights of predators are being valued over the rights of women and girls….
BE ON THE WATCH OUT LADIES!!!
Stay Flawless and BIG FU to the Pervs,