Source: AP
By:
(NEW YORK, NY) — A federal appeals court ruled Friday that a photographer has a First Amendment right to assemble a large group of nude people on a street to take their picture.
The 2nd U.S. Circuit Court of Appeals ruled 2-1 that Spencer Tunick was within his rights to take a photo of 100 nude people in Manhattan one morning in July.
A judge had ruled in favor of Tunick but the appeals court stayed his findings until the appeal was resolved. As a result, Tunick took a photograph of clothed bodies instead.
Tunick lawyer Ron Kuby called the ruling “quite a nice victory” over the administration of Mayor Rudolph Giuliani.
“Spencer was ecstatic. He’s already printing up invitations for the next nude photo shoot,” Kuby said.
Kuby said Tunick was planning to photograph nude bodies at 5:16 a.m. on June 4. The only thing that could stop the shoot would be an appeal by the city, Kuby said.
“In light of the new kinder, gentler, softer Rudy … perhaps the city will drop it,” he said. “Who knows. Perhaps the mayor will participate.”
A message left with a city lawyer was not returned.
Tunick in the past has taken many photographs of large groups of nude people in public places, including the streets and bridges of New York.
