Freedom of expression Criminal Court Appeal Texas

This man was at a swimming pool taking underwater shots. The "thought police " said he was a pervert. Clearly he was not!!!

This is another example of one law being used for some other purpose other than what it was meant for!!!

In re Thompson

Justia.com Opinion Summary: Appellant was charged with twenty-six counts of improper photography or visual recording. Each count of the indictment alleged appellant, “with intent to arouse or gratify the sexual desire of THE DEFENDANT, did by electronic means record another . . . at a location that was not a bathroom or private dressing room.” Each count further specified the name of an “.avi” file that was recorded. Some of the counts contained additional information regarding the subject matter and location of the recording. Appellant filed a pretrial application for a writ of habeas corpus, in which he alleged that the statute on which his prosecution was based was facially unconstitutional in violation of the First Amendment. The trial court denied the application, and appellant appealed. The “improper photography or visual recording” statute makes it a crime to, among other things, photograph or record by electronic means a visual image of another person under certain circumstances. Subsection (b)(1) of the statute makes such acts a crime if: (1) the person being photographed or recorded is not in a bathroom or private dressing room; (2) the photograph or recording of the person is made without that person’s consent; and (3) the photograph or recording is made with the intent to arouse or gratify the sexual desire of any person. The Court of Criminal Appeals held that, to the extent that it proscribed taking photographs and recording visual images, Subsection (b)(1) of the statute was facially unconstitutional in violation of the freedom of speech guarantee of the First Amendment. Consequently, the Court affirmed the Court of Appeals.