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Texas Court of Criminal Appeals Rules Improper Photography Law Unconstitutional

Flanary Law Firm, PLLC

A Vice News article reported that a Texas state law which banned “improper photography or visual recording,” with the “intent to arouse or gratify the sexual desire of any person” was deemed an unconstitutional violation of First Amendment rights. This ruling comes as a result of a Texas Court of Criminal Appeals case involving Ronald Thompson, represented by attorney Don Flanary.

Thompson was accused of snapping pictures of small children in their swimsuits underwater, without parental permission, at a San Antonio water park. He was charged with 26 counts of “improper photography.” The San Antonio-based 4th Court of Appeals previously struck down his conviction and the ruling by the Court of Criminal Appeals upheld the decision.

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