It's a rare instance when the law actually upheld a woman's right to be topfree.
It's questionable if charges against the photographer can be made to stick. According to attorney Bert P. Krages, photography is legal just about anywhere:
The topfree woman were on Lake Travis, and presumably on public land. It is likely that they had no reasonable expectation of privacy. It does not matter if the photographer is sneaking around, or standing out in the open. Anyway, I'm not a lawyer, but it seems to me that while the photographer is a jerk, he might not have been doing anything illegal.
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs.
Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs.
Examples of places that are traditionally considered public are streets, sidewalks, and public parks.
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