XENOPHONZ opened this issue on Oct 12, 2005 ยท 20 posts
XENOPHONZ posted Thu, 13 October 2005 at 12:52 PM
That's a big part of the difficulty that I have with this whole thing. Basically, we seem to be saying that whether or not it's legal to take pictures in public depends upon the motivations of the person doing it.
I.E. - if the photographer "isn't thinking wrong thoughts", then it's OK for them to snap away at an Octoberfest to their heart's content. But if the photographer is thinking bad things -- then it's illegal for them to take any pictures. Thats......a bit questionable, IMO.
When the law starts assigning legality/illegality based upon what a photographer might or might not be thinking as he shoots a subject -- then we're getting down into a very "iffy" area......like mind-reading.
It's similar to arguments over what constitutes "art", or garbage. Sometimes, it's all a matter of personal opinion. And that's a very unstable basis for making hard-and-fast legal judgements.