Photos may have violated privacy of topless women

[Imagebuffet]

Originally Posted by AndrewCCM

Thread to be closed soon I fear.

Sorry. It's probably my fault. This issue really upsets me greatly. I've argued about it for years with many people. I was the subject of repeated uproars in a local forum for my insistence on photographing (and sometimes publishing) the photos of random people I saw on the street. I was recently banned from that forum, though exactly the reason wasn't given.

[SCone]

The ability to take the photo should never be in question. The reason for not taking the shot is what should always be considered.

[CaptainTom]

Originally Posted by SCone

The ability to take the photo should never be in question. The reason for not taking the shot is what should always be considered.

Stephen
I'm an old dunderhead, and would appreciate if you would explain this statement. I don't get it.

[SCone]

Do I have the "right" to take everyone's picture that's walking down the street? Yes, they are in a public place and have "no expectation of privacy'

But should I? Would photographing them be harmfull in any way? Would they laugh at the picture or stare at it in disbelief? Would they appreciate me capturing the moment or does it cause them pain to re-live the moment?

I'm reminded of the Hippocratic Oath, "do no harm"

Maybe I just think too much.........

[CaptainTom]

Anybody else want to give a try at an explanation ?? I guess I just don't place as much "it's a holy relic" concept about a photograph as some people do. If I take a photograph but then decide to not publish that photograph have I still missed the point ? How much does the price of gas effect the phases of the moon on the beach at low tide ??? Never could figure that one out either.

[Dokk]

Originally Posted by CaptainTom

How much does the price of gas effect the phases of the moon on the beach at low tide ??? Never could figure that one out either.

The hydrographically gravitational field effect of the lunar...Umm, never mind...

[Imagebuffet]

Originally Posted by SCone

Do I have the "right" to take everyone's picture that's walking down the street? Yes, they are in a public place and have "no expectation of privacy'

But should I? Would photographing them be harmfull in any way? Would they laugh at the picture or stare at it in disbelief? Would they appreciate me capturing the moment or does it cause them pain to re-live the moment?

I'm reminded of the Hippocratic Oath, "do no harm"

Maybe I just think too much.........

About 5 years ago, I walked from my apartment in Frisco over to the Post Office. When I got to the Post Office, I was so inspired by the large, vacant field that I decided to make a 360° panorama of the area. Then, I walked back towards my apartment. Just before I reached the apartment complex, a police car pulled up beside me on the street, and an officer indicated for me to stop. He got out of the car and said that he had a report that I had taken photos of the bank up the street. I had to think for a minute before I recalled that a bank is located on the other side of the vacant field. The officer said I hadn't done anything wrong, but he was going to call in my driver's license, anyway, just to see if I had any outstanding warrants. A second police cruiser pulled up behind the first, as I remained standing by the side of the road. Cars slowly passed in the school zone for several minutes, before the officer returned my driver's license to me.

Fortunately, I usually don't get stopped by police for taking pictures. Even so, I get a lot of negativity because I like taking pictures of the things around me in public.

[Murph]

Can you site a case for me please? This would be great information to have to prevent future misunderstandings.

Originally Posted by Imagebuffet

But, asking it doesn't make it law, and so irrelevant in a courtroom.

What is more, photography is not lewd behavior, nor is using a telephoto lens in a public place. If all he was photographing were nude or topless women in public, he isn't in the legal wrong (though, current Texas law says that in some cases he is, but, as I wrote earlier, a Court has already said this is an unconstitutional provision of Texas law).

[Imagebuffet]

Originally Posted by Murph

Can you site a case for me please? This would be great information to have to prevent future misunderstandings.

I'll look for it. I found it several months ago, as I was browsing around the Internet. As I recall, the previous law on improper photography was found unconstitutional, was re-written, but the re-write is not considered by some legal experts to be any better than the old law. However, the new law has not been fully tested for constitutionality in court.