Update: Are Kate’s Topless Photos Protected From Freedom of the Press?


Update: Despite a decision by a French Court to ban the topless photos of Duchess Kate Middleton, two more magazines have published the photos.  In the decision, the court ruled that not only should the Closer not publish the photos, but it ordered the photos be returned to the royal couple.  It’s moot at this point, so Kate and William must accept the fact that these photos will forever be part of the public record.

The only question surrounding the Kate Middleton topless photos, is whether or not someone’s private property/backyard, affords a person the expectation of privacy as an extension of their home or residence?  Or, if in full view, does a person with a camera, have a right to take photos if not illegally on the property?  It’s actually fairly cut and dry.  While no fan of the paparazzi, photos obtained legally, should absolutely be protected from any legal ramifications.  The legal interpretation may be quite different, especially when it concerns such a powerful family.  The bullying by the Royal family in this case, has been troubling.  They are in fact taking legal action to ban the use of the photos.   Never has anyone said, perhaps Kate should have used better discretion and not been outside topless because something like this could be expected.  I’ve made it perfectly clear over time that I’m no fan of the royals.  They obtained their fortunes and positions of power by force, and a declaration of “Divine Right” not thru a democratic process and I have a long memory.  So as outraged and incensed as they appear to be, that’s too bad.  But if there’s anything we know about the internet, once in cyberspace, there’s no turning back.  The photos are now the property of the world and no lawsuit can change that.  The Prince and Duchess are a very cute couple, but their royal position should not give them any more of an expectation of privacy than the average “subject”.  In fact, it`s quite the opposite.  If Kate doesn’t want her breasts to be on display, she shouldn’t display them.  People as famous as William and Kate need to understand they are always under the microscope.  They need to be especially diligent if they want to have private time.  But freedom of speech and expression of which these photos clearly are, need to be legally protected.  It may not be popular but it’s the correct decision.

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