From Fifth Circuit Judge Priscilla Richman, joined by Judge Irma Ramirez, in today's Evans v. Garza [UPDATE: link fixed]:
During a debate by lawmakers at the Texas Capitol in 2023, Michelle Evans tweeted a photograph of a transgender (biologically male) politician washing their hands in the women's restroom. Evans surrendered her cell phone to police after she learned the Travis County District Attorney, José Garza, was investigating whether her tweet violated Texas Penal Code § 21.15(b)….
Evans sued, seeking a preliminary injunction against any such prosecution, but the Fifth Circuit panel said no. It concluded that the relevant provision, § 21.15(b)(2)—"A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person … photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another person in a place in which a person has a reasonable expectation of privacy"—wasn't likely to be unconstitutionally overbroad:
