The Texas Court of Criminal Appeals tossed out a portion of a Texas criminal statute that prohibited taking unauthorized pictures in public for the purposes of sexual gratification after finding that the law violated First Amendment free speech rights.
The state's highest criminal court upheld a lower court decision on Wednesday overturning the law 8-1, reports the Houston Chronicle. Under the law, taking surreptitious photos of a person in a public place, such as upskirt photos of women, was considered a state jail felony. The law was challenged by Ronald Thompson, who was charged under the law in 2011 after taking pictures of clothed children at a San Antonio waterpark.
What was the court's rationale for overturning the law?