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Two websites with the same premise, two different reactions.

  Author:  15228  Category:(Debate) Created:(9/28/2012 6:49:00 AM)
This post has been Viewed (2486 times)

I read an article yesterday about a substitute teacher who took pictures of students in a classroom and posted them on a website set up for that kind of thing.  The pictures by the teacher were Mainly pictures of female students sitting in chairs with their short skirts riding up, it wasn't so much the pictures that got him imto trouble, but the captions that went along with it.  

This website is for people to post pictures that they take of strange woman in public..  the pictures can be taken anywhere, at the beach, on the street, in stores etc.  the woman might be showing a lot of cleavage, wearing short shorts or short skirts type of thing and aren't aware their picture is being taken.

I went to the website and it states no upskirt shots allowed, the woman must look at least 18,  hidden camaras in restrooms and dressing rooms aren't allowed either. Hey they have standards.  They are proud of the new traffic the site is receiving due to the teacher story and find contempt in anyone who disapproves of the website because they say its perfectly legal and compare themselves to the paparazzi.  they say people who try to shut them down are violating there first amendment rights.

I ran across one interesting argument in support of the website and wondered what you all thought.  Someone asked how is their site any different from the people of Walmart site?   Why can you make fun of fat, freakishly dressed, unattractive people, yet another site that posts pictures of attractive people is accused of being perverted (which it is).  Is it the sexual nature that makes the difference and that causes the uproar?  Why say the attractive people are being somehow violated, but the people of Walmart are simply laughed at, I've seen the pictures reposted countless times on Facebook.  What do you think?  Is there a double standard?

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Date: 9/28/2012 7:16:00 AM  From Authorid: 64365    It would seem there is definitely a double standard, and besides, there's also that right to privacy. If public media programs must get waivers signed so they can show footage of people they have filmed or photographed, then those who snap pics of people in secret should do so, too. Somebody's right is being violated, and the 'first amendment' rights are definitely being misused.  
Date: 9/28/2012 7:19:00 AM  From Authorid: 63026    1) People of Walmart are not for pleasure, but because they are moronic to ever go out in public like that. People laugh at them cause of the way they dress in public.

2)The other website sounds like the perfect place for perverts, and pleasure.

Should random pictures of people appear on websites without consent?
That's where the issue lies.
  
Date: 9/28/2012 7:27:00 AM  ( From Author ) From Authorid: 15228    What is ironic about this is how the picture of the student was discovered. One of the fathers was browsing on the site and saw his own daughter. Yeah, it's all fun and games until it's your own kid! Plus, if no pictures are allowed of 18 or younger, why were the pictures taken in an obviously school type environment allowed to stay up?  
Date: 9/28/2012 7:28:00 AM  ( From Author ) From Authorid: 15228    Psyguy, the place was full of pervs, you've got that right.  
Date: 9/28/2012 7:31:00 AM  ( From Author ) From Authorid: 15228    Nani, I would like to know the law on pictures being taken in a public setting. I know in some states you can't tape record people without their knowledge, but I would imagine it varies from state to state. The site recommends you register using throw away info and bogus email accounts.  
Date: 9/28/2012 7:41:00 AM  From Authorid: 64365    If the site recommends false identity and anonymity, then it can't be legal. Someone can abe sued, and the site can avoid responsibility by saying they didn't know the person was using a fake identity. Stupid stuff, here. That means none of us, or our children, are safe from the predators that make a living off of exploiting others. The Walmart people, while funny for some, are not always all that funny. These people could be mentally challenged, or maybe they just don't know any better. I know I used to laugh at them, but in the past couple of years I've had to take a second look at that kind of humor. I was in Walmart one day, when a mentally challenged young adult, very obese, and dressed very questionably (her attempt to look modern) approached me for some help. She was the sweetest young lady, and she certainly could not figure out on her own what it was she was looking for...she could only describe it...so I helped her. I felt so badly for all the times I laughed at pictures of people dressed like that in Walmart. YOu just never know.  
Date: 9/28/2012 7:42:00 AM  From Authorid: 64365    I'm going to look up the Texas laws right now, and also see if there are any federal laws. Be back later with the info.  
Date: 9/28/2012 7:45:00 AM  ( From Author ) From Authorid: 15228    Nani, I've often wondered if anyone has ever seen themselves on the Walmart site and what they think if they do. I know there was one time I saw a woman in Walmart and I couldn't believe my eyes. I actually followed her for a while because I'd never seen anything like it, but I couldn't imagine taking a picture to share.  
Date: 9/28/2012 7:48:00 AM  From Authorid: 64365    The following came from Ask Lawyers.com:
http://communications-media.lawyers.com/privacy-law/Child-Photography-or-Videotaping-Consent-Laws-Are-Changing.html

With the increasing amount of reliance on on-the-spot videotaping or picture taking, the rules of consent are evolving, especially for children. Basically, with a few exceptions, it's perfectly legal for strangers to photograph or videotape your child, and they're free to post or publish the images as well. Parents do not have to give their consent or sign a release. However, some states have passed legislation to change that, and school districts do take steps to protect their children.

Editorial Use Is OK
The legal loophole that allows publishing and circulation of photographs and video images of children is the First Amendment. It protects both freedom of expression and freedom of the press. As long as a photographer uses the images for editorial purposes, and if he took them while your child was in a public setting, they're within the law even if you don't give your consent. Exceptions may exist if the photos or recordings include sexual overtones.

School Districts Protect Children
States and municipalities have the right to make their own laws regarding issues such as photographing children. School districts can restrict filming and photography on their grounds and the use of images without parental consent. However, some schools might not prohibit group photos if the photographer doesn't identify any of the children when he publishes them, or photos of certain extracurricular activities such as sporting events.

State Laws Are Changing
As of 2012, at least two states have considered legislation to make it illegal to photograph children without parental permission. Georgia passed a bill in 2010 that makes it illegal for anyone but a parent to photograph or videotape a child, but the law may be revised to specifically address registered sex offenders. New Jersey began working on a similar law in 2011.

Other Laws May Apply
Some other state and federal laws might apply if anyone photographs or films your child without your knowledge or permission. Your child has the same right to privacy as an adult does. No one can photograph or film your child in a location where he believes he's alone, even if he's alone with his friends. For example, if he's in a sandbox at a public park, a photographer can take his picture. If he's in a sandbox in your fenced-in backyard, the photographer would be violating your child's right to privacy, as well as your own. You can use that to stop distribution of the photograph because the photographer's action is a tort, or behavior that justifies a lawsuit. You might also have a claim for trespassing.

A Children's Rights Lawyer Can Help
The law surrounding children is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a children's rights lawyer.
  
Date: 9/28/2012 7:57:00 AM  ( From Author ) From Authorid: 15228    So basically, the only real protection (such as it is) only applies to children.  
Date: 9/28/2012 7:59:00 AM  From Authorid: 64365    I'm still looking for the other...there is a law...can't tell you how many releases I've had to sign over the course of my life for my photos to be published, or to be put in a video.  
Date: 9/28/2012 8:00:00 AM  From Authorid: 64365    and, when I was underage, my parents had to sign a release.  
Date: 9/28/2012 8:10:00 AM  ( From Author ) From Authorid: 15228    I always have to sign a release at the beginning of each school year for my daughter.  
Date: 9/28/2012 8:18:00 AM  From Authorid: 64365    This is what I found here: http://www.firstamendmentcenter.org/photography-the-first-amendment

It's very lengthy, so it's best to just go to the site and read for yourself instead of me copy/pasting it as a reply.

  
Date: 9/28/2012 8:29:00 AM  ( From Author ) From Authorid: 15228    I just skimmed it, but it seems like the site was more about pictures taken of the police, public employees, government sites and private institutions than of photos taken of private citizens in a public setting. I would ask my bro-in law who is a lawyer, but he would probably want to bill me for his legal opinion.  
Date: 9/28/2012 10:13:00 AM  From Authorid: 61966    I think both sites are wrong! No one should have their picture taken to be posted all over the internet, without consent...whether it's an embarassing picture or something perverted.  
Date: 9/28/2012 10:54:00 AM  From Authorid: 53427    I want to say the moralistic thingand say these sites are horrible and disgusting. But People of WalMart is my guilty pleasure. It is freaking hilarious. And yes I'm horrible for that, but just human I guess.. Anyway, taking pictures of minors definitely crosses the line. And hi everybody!! I so miss you all!! No internet at the moment. But in the words of Schwarzanegger: I will be back!! (when I'm not broke).  
Date: 9/28/2012 2:48:00 PM  From Authorid: 64819    Well, if you have ever submitted a pic to People of Wal-Mart, you know that you have to submit a pic of them holding a a paper saying that they approve for their pic to be submitted, that you have permission to do so.
I doubt this other site has such a clause.
  
Date: 9/28/2012 4:41:00 PM  ( From Author ) From Authorid: 15228    Really Adora? I looked and it says you have to have the persons permission, but it doesn't say how..just tells you to,upload the picture...I assume they put the burden of proof on you  
Date: 9/28/2012 4:44:00 PM  ( From Author ) From Authorid: 15228    One thing I noticed about people of Walmart, some of those people are definitely posing for the camera, some look like they have no clue..the other website clearly states they won't allow any posing, the person has to be unaware.  
Date: 9/29/2012 7:49:00 AM  From Authorid: 21435    Too many liberties taken. Is nothing sacred? A bear can't even go in the woods anymore without some over zealous camera bug trying to turn a buck. Ugh! Write on, Kelly.  
Date: 10/1/2012 7:46:00 AM  From Authorid: 48250    of course I believe there is a double standard not to mention, Making Light and or fun of others for any reason is NEVER Acceptable & should never be Tolerated.....& if I'm following you correctly, these pictures in question., besides the women at the beach shopping malls across America etc are walking on a very thin line especially considering the subject it pertains to, be-as-it-may, I'm sure it will be dealt with----- But, certainly obviously involving the exploitation of minors from a school should ring the ALARMS!...I wouldn't want my teenage daughter, son's ( whatever the case might be)., photograph plastered all over the Wide World Web for some "Freakish Perv" to "Attempt" to find out their school & home address!!....It's a DISGRACE what Some will try to do & get by with in the Name of their So-Called Constitutional Rights! When Others are truly being Mistreated cannot even get a Fair shake simply because of Media Hounds & Bozos like this!.....T/C  
Date: 10/21/2016 7:02:00 PM  From Authorid: 55967    Didn't read any comments, just saw this post (late-comer) and want to weigh in. Let's say a shapely young adult woman is shopping at WalMart in a skin-tight skirt that rides up and a tight shirt. A caption: "Getting some snacks to stand by the lamp post." She may hate it. I wouldn't laugh at that. But I would expect it to be taken as a freedom of whoever put it up. The woman is an adult out in public and deliberately dressing that way. In school...those students are there to learn. I take it they are not of legal age, either. School is a place apart from the teeth of the real world, so young minds can learn and grasp the ways of said world. On top of that, the students may not have known what was going on with their clothing and it was an accident that so much was exposed...something they are learning to control at that stage. Here's the bottom line: They are LEARNING, so things that they do and express should NOT be food for the permanent hunger of the world for the rest of their lives...which it now is. This is deplorable. One other thing. I have grown my own hair a bit long lately, longer than it's ever been, while short hair is currently in style for men. I have a job where my hair get blown a lot, and I have naturally thick, wavy hair. It can look ridiculous coming out of work sometimes. I've stopped at places to get some things some of the time, and although I try to make myself look presentable, sometimes I'm not. If I ended up on a site where my picture and hair look ridiculous and there is a disparaging comment beneath, I would not like it, but I would respect their freedom to do it and also my own freedom to come back at them with something. I am an adult in the world and would expect that. Kids in school do not expect that, and NOR SHOULD THEY. They should be expecting to get an A or B on the next test.  

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