"Texas court upholds right to take upskirt photos," proclaimed headlines last week. And "Texas court says upskirt photos are art." To hear outlets such as The Guardian tell it, the state's court of criminal appeals held that a law banning "creepshots"—an umbrella term that includes both upskirts and "downblousing"—was a "'paternalistic' intrusion on a person’s right to be aroused." Those skimming along at home would be forgiven for wondering how such an outrageous, privacy-disregarding decision came to be.
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