this post was submitted on 23 Sep 2024
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Today I Learned

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[–] [email protected] 12 points 1 month ago

To answer your question, it could be legal grey area because not all pictures depicting nudity are automatically considered pornographic, if you are speaking in terms of legal precedent regarding obscenity in the US.

To further muddy the issue, photographing other peoples kids is considered creepy by nearly everyone but it isn't expressly illegal unless certain localities have specific statutes against it. There is no reasonable expectation of privacy in public places, so you have the potential situation where people are doing a presumptively legal activity in a public area where photographing that activity could be illegal depending on... intent?

Further, the courts have ruled that getting naked in public in the act of protesting something is part of protected speech. Presumably that applies to people of all ages and sexes as well but I doubt it has ever been tested.