Texas Improper Photography Statute Held Unconstitutional

Last Wednesday, the Texas Court of Criminal Appeals held the improper photography statute unconstitutional, “to the extent that it proscribes the taking of photographs and the recording of visual images.”  Citing 1st Amendment “Free Speech” grounds, the court reasoned that taking photographs in public places is constitutionally protected, because they are considered to be “protected expression.”  Therefore, “the act that creates the end product” should be afforded similar protection.