Daniel Johnson (son of Paul and editor of Standpoint mag) was the other guest. It was presented by Paul Henley and producer by Michael Innes.
You have seven days to listen … and other Ringu tropes.
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.
The State further contends that the lack-of-consent requirement means that the statute does not apply to a photograph of a person in public as long as the photograph is of an area of that person that was exposed to the public. … any person who appears in public and exposes a certain part of the body to the public has necessarily consented to that part being photographed, and therefore, the improper-photography statute would not apply. But, the State reasons, if the person is not in public, or the photograph is of an area of the person that is not exposed to the public—such as the use of an X-Ray camera that can see through clothing or a photograph taken up a woman’s skirt—then the improper-photography statute would criminalize such behavior if done with the requisite intent [italics mine]. … the statute serves the important government interest of protecting privacy by “protecting individuals from invasive covert photography” and “protecting individuals from having their images unconsensually exploited for the sexual gratifications of others.”
... the improper-photography statute prohibits not merely the act of photography but photography with intent to arouse or gratify sexual desire, and the latter is expressive. ... While the legislature may have a legitimate interest in prohibiting “peeping tom” and “up-skirt” photography, appellant contends that the language of the statute “utterly fails to achieve that interest because it fails to distinguish those situations from merely photographing a girl in a skirt walking down the street.” Appellant argues that the “street photographer, the entertainment reporter, patrons of the arts, attendees to a parade or a pep-rally, [and] even the harmless eccentric are all at risk of incarceration under a plain reading of this statute." … The amicus also states that the statute “covers only those photographs that have the intended primary effect of causing sexual arousal, and it is the content of speech that would cause such arousal.”
... that photographs and visual recordings are inherently expressive … The camera is essentially the photographer’s pen or paintbrush. Using a camera to create a photograph or video is like applying pen to paper to create a writing or applying brush to canvas to create a painting. … Banning otherwise protected expression on the basis that it produces sexual arousal or gratification is the regulation of protected thought, and such a regulation is outside the government’s power.
The statutory provision at issue is extremely broad, applying to any non-consensual photograph, occurring anywhere, as long as the actor has an intent to arouse or gratify sexual desire.
“Photographs are routinely taken of people in public places, including at public beaches, where bathing suits are also commonly worn, and at concerts, festivals, and sporting events. Taking photographs of people at such venues,” the Court said, “is not unusual, suspicious, or criminal.”