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Ex Parte Ronald Thompson

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  1. Newsgathering
Under Texas Penal Code § 21.15, a person commits a felony if he or she “photographs [or otherwise records] . .…

Under Texas Penal Code § 21.15, a person commits a felony if he or she “photographs [or otherwise records] . . . a visual image of another” in any location “without the other person’s consent” and “with [the] intent to arouse or gratify the sexual desire” of the photographer or a third party. This amicus brief, written for the Reporters Committee by the UCLA School of Law First Amendment Amicus Brief Clinic, argues that the statute is a content-based restriction on the creation of constitutionally protected speech, and is therefore unconstitutional under the extremely demanding “strict scrutiny” test.