A federal appeals court has declined to revisit a case over a Texas law that criminalizes sharing photos taken in restrooms. In a concurrence, Fifth Circuit Judge Priscilla Richman argued that the state has a compelling interest in protecting restroom privacy, even when the person photographed is fully clothed and washing their hands. The case stems from Michelle Evans tweeting a photo of a transgender candidate in a women's restroom at the Texas Capitol.
Richman wrote that Evans could have conveyed her political views without publishing the photograph. The judge rejected the argument that leaving a stall makes someone fair game for photography, noting that people also change diapers, adjust clothing, or use lounge areas in public restrooms. She asked whether the First Amendment truly requires allowing cameras once someone steps away from a stall or urinal.
The full Fifth Circuit voted 10-7 to deny rehearing en banc, with Richman concurring. Her opinion underscores the tension between free speech and privacy in public facilities, and leaves open the question of how far states can go in restricting photography in such spaces. The case is Evans v. Garza.