Topfree Movement: Wanting to Have Ones Cake and Eat It Too

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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Mon Jan 24, 2011 3:20 pm UTC

Holy quote snipage, Batman.
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This isn't you being "understanding". This is you being condescending.

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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby KnightExemplar » Mon Jan 24, 2011 3:42 pm UTC

Hmm, a lot of what I want to be said has already been said. Although...

Uh, no, the question is, "If I'm a woman and I walk down the street topless, do I have a right to be outraged when men stare at me?"


You have a right to do whatever you want. But I'll call you naiive if you expected anything else. This really sums up my position (it seems to be the thread consensus...). Sure, you should have the legal right to walk around topless, as long as you understand it is against cultural norms, and people WILL gawk and stare at you. Forces for cultural change aren't a bad thing IMO, but you'll need to understand the ramifications of it.

Great Hippo: Lets leave the moderating to the moderators. Az looks like he's doing a good job IMO with the personal remarks, so we'd just be derailing the thread further if we talked about them.

Anyway, just going to re-echo what's been said and leave it at that. Yes, taking pictures of people without their permission (particularly of their breasts) constitutes harassment. Yes, staring at their breasts can constitute harassment.


Hmm... what about this hypothetical. I'm a male. If I walk around in the nude and catch people staring at my junk, is it harassment? Personally speaking, I think people would be staring at me because I have no pants on. Not because they're turned on by my junk. Similarly, I think the typical person would be in shock at bare breasts than actually sexually harassing people. IE: Even the hetero-women would stare because its considered out of place.

Thats the main problem I have with this argument. If you do anything outside of the cultural norms, people will stare at you. And from an observational standpoint, it becomes near impossible to differentiate between the sexual harassers and the people who are legitimately confused.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Vieto » Mon Jan 24, 2011 5:12 pm UTC

Isn't it already legal for woman to walk around topless? Or is that just up here in Canada?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Mon Jan 24, 2011 5:17 pm UTC

It depends. In Austin, TX, it's legal, for example, but in many places in the U.S. I believe it is not legal.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby PAstrychef » Mon Jan 24, 2011 5:46 pm UTC

I'd like to know where looking at someone in public is considered harassment. Yakk-where do you live?
Most of the possible methods of being harassed in public already happen, especially to people whose looks fall outside the local norms. Ogling, comments, intrusive photography, following, etc. are already common. There really isn't a good way to stop jerks from being jerks, but making enough noise so that at least they know they are being jerks is possible. I suspect most guys who act out like this are doing it impress their buddies, and if their buddies tell them to knock off they might reform their ways.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby JBJ » Mon Jan 24, 2011 5:51 pm UTC

Federally, it's legal in the US. Public nudity statutes are covered (pun somewhat intended) from the state level down. It's not a free pass to drop trou on federal land though since most share jurisdiction with the state and county in which they reside.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby aoeu » Mon Jan 24, 2011 6:26 pm UTC

Women should be allowed to go topless if they want to. Men are allowed to stare, unless they are supposed to be working. Being afraid of strangers taking pictures of you is irrational. Nobody will look at them twice.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby EdgarJPublius » Mon Jan 24, 2011 6:39 pm UTC

King Author wrote:
EdgarJPublius wrote:
King Author wrote:
EdgarJPublius wrote:Changing the laws does not equal changing the society.
Personally, I'm all for legalization of all forms of nudity wherever it is currently prohibited, however I don't believe that most people only wear clothes because it is the law, there are also socio-cultural and, most importantly, practical considerations involved in the choice to wear clothing that are completely separate from the legal considerations.

As legalization will not make toplessness appreciably more common, I suspect that it will not do much to make topless women a less 'interesting' sight in most public places.

I'm curious; what's your basis for believing that topfree legislation wouldn't make toplessness appreciably more common?


EdgarJPublius wrote:Changing the laws does not equal changing the society...

...I don't believe that most people only wear clothes because it is the law, there are also socio-cultural and, most importantly, practical considerations involved in the choice to wear clothing that are completely separate from the legal considerations.

Well that's quite simply not true. The topfree movement itself is proof of that -- there are women who want the same freedom to go topless in public that men have.


My point is that these women aren't a majority, or even a particularly large minority. Even if every woman in the topfree movement went topless 100% of the time, the total increase in female toplessness as a result would be marginal at best. Even if you posit some unknown proportion of women who would go topless some of the time if given the choice but are not active participants in the topfree movement, you still have to consider that it is far more likely that these women will only go topless some small percent of the time, and so the unknown proportion would have to be rather large to lead to a visible increase in toplessness.

Just think for a minute about the stated goal of this movement, toplessness on an equal level as men. I live in a pretty warm area (Austin Texas as a matter of fact, which will be important later) where the temperature during the summer is frequently above one hundred degrees and even in other months can hover around eighty most of the year.
And yet, even in the dead of Summer, I rarely see men going topless, it's just not that common, and there aren't even any socio-cultural taboos against male toplessness. And let's not forget that, asid from socio-cultural norms against female toplessness, many women find activities such as a man might perform topless (exercise, running, sports etc.) uncomfortable without some support.

Now, to expound on why where I live is important, and to add to a point brought up by LaserGuy. In many western communities (such as Canada), there is in fact no law against female toplessness. In Texas, women in fact already have the right to be topless to an equal extent as men. And Austin, Texas is particularly liberal with a strong culture of hippies and naturism etc. However, living here for many years, and even working as a lifeguard at public pools, I have never seen a woman topless (regardless of weather) outside of a few areas where toplessness/nudity is particularly encouraged.

Even where the law supports it, the western (and particularly American) cultural taboo against female nudity is a fact, and one that won't go away over night, you can't just sign a bill into law and do away with hundreds of years of cultural imprinting.


However, this is all moot. We're specifically talking about the position that women should be able to go topless in public but not expect to draw stares.


I think this is intimately related to that discussion. As long as the taboo remains in force, and female toplessness remains a rare sight, there will be staring, that is just human nature.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Jessica » Mon Jan 24, 2011 6:54 pm UTC

I'm sorry Az, I didn't mean to get worked up in SB.

In Canada (I was just looking up some fancy laws), under the voyeurism act, the following is defined as voyeurism.
Spoiler:
PART V: SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT

Sexual Offences

Voyeurism

162. (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

(c) the observation or recording is done for a sexual purpose.

Definition of “visual recording”

(2) In this section, “visual recording” includes a photographic, film or video recording made by any means.

Exemption

(3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs.

Printing, publication, etc., of voyeuristic recordings

(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

Punishment

(5) Every one who commits an offence under subsection (1) or (4)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Defence

(6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.

Question of law, motives

(7) For the purposes of subsection (6),

(a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and

(b) the motives of an accused are irrelevant.

In Ontario, it is legal to be topless in public. Thus, public can be defined as a place one can reasonably expected to be nude. Or, possibly the other two parts could crop up. So, if one is taking pictures of a breasts exposed woman in Ontario, for the purposes of sexual activity, or distribution, they can be convicted of voyeurism.

Though, there are laws which protect people who take photos of others. Specifically, as long as it's not commercially available (and doesn't fall under one of the many illegal clauses, like voyeurism, trespassing etc), it's legal to take photos of people on the street. I'm not sure about the mirror shoes thing. That could be legal, could be illegal. Having a hard time finding out. Probably could fall under harassment, or stalking.

But, no one gives up to right to feel offended, bothered, embarrassed, or any other negative emotion, no matter what they are doing. They also don't give up the right to talk about it, to complain about it, and if it's problematic enough, to report it. They may go into it knowing they're going to turn heads, but knowing that they will turn heads doesn't give people a free pass to be dickheads, and doesn't negate the person's right to be offended by dickheads.

I know you weren't talking about trans issues, I was relating a similar experience. People do justify the harassment, ogling and other offensive actions toward trans people as something they should expect and not complain about - which is the same thing as what you're saying about topless women. Hence why I brought it up.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Greyarcher » Mon Jan 24, 2011 8:03 pm UTC

Jessica wrote:In Ontario, it is legal to be topless in public. Thus, public can be defined as a place one can reasonably expected to be nude. Or, possibly the other two parts could crop up. So, if one is taking pictures of a breasts exposed woman in Ontario, for the purposes of sexual activity, or distribution, they can be convicted of voyeurism.
No, I'm pretty sure you're misreading the first clause. The underlined section is the relevant part:
162. (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
[etcetera; snipped]
If you walk around in public, you have no reasonable expectation of privacy. Therefore, there is no offense committed when someone makes a visual recording of a topless person in public. Or, at least, the offense is not voyeurism.

"Surreptitiously" is also a weasel word, but no need to go on about that now.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Tue Jan 25, 2011 12:42 am UTC

KnightExemplar wrote:Hmm... what about this hypothetical. I'm a male. If I walk around in the nude and catch people staring at my junk, is it harassment? Personally speaking, I think people would be staring at me because I have no pants on. Not because they're turned on by my junk. Similarly, I think the typical person would be in shock at bare breasts than actually sexually harassing people. IE: Even the hetero-women would stare because its considered out of place.
One of the ongoing assumptions here seems to be that we're claiming that it's always harassment to stare at breasts, or a mere glance can constitute harassment.

Let me be clear: I don't give a fuck about the guy who glances at a woman's breasts, or even briefly gawks at them. I don't think he's a problem. While I'm willing to respect the outrage a woman might feel as a result of that glance, I'm not interested in a discussion about real legal ramifications for it--and I don't think it constitutes a clear case of harassment.

When I say that yes, staring can constitute harassment, I'm talking about stares that continue when it's been made clear (verbally or non-verbally) that the staring is not appreciated; when I say yes, taking photos can constitute harassment, I'm talking about photography that occurs when it's clear (verbally or non-verbally) that pictures are not appreciated.

To those arguing that no, staring doesn't constitute harassment--what about if that's all the person does? No words, no communication, just a continued, unbroken stare at your breasts. What if they follow you around, staring at your breasts? Do you think that's harassment? What if you've made it clear that you don't want them to just stare at you, but they continue anyway? Are you being harassed yet? At the very least, can you understand how this can be perceived as threatening?

What about someone walking up to you and suddenly taking a picture of your cleavage without your permission? What about when you've somehow made it clear you don't want pictures taken of your breasts? Is that harassment yet? Is it suddenly 'not harassment' because you're not wearing a top?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby PAstrychef » Tue Jan 25, 2011 4:33 am UTC

I'm sitting in a park reading and someone comes by and sits down and just stares at me until I become uncomfortable. I get up and move. They follow me and continue to stare. I ask them to stop, and they don't. I move again and they follow me. I call the police or find a park patrolman, or the equivalent. I think this constitutes harassment. I suspect that the police are just going to tell the guy to stop staring and move along.
I am walking down the street and some guy stares at me, turns as I pass and makes a rude comment to his friends that I can hear. I walk on and he crosses the street and goes away. This is crude, but not (yet, in the US) illegal.
The amount (and type) of clothes I have on has no impact on whether or not I am being harassed. The harassment is the behavior of the other person.
If I turn to keep looking at you as you cross my line of sight, but make no contact with you-no following, no trying to talk to you, then I have been rude by not harassing.
Anyone taking my picture close enough to me to talk to me (I am not part of a crowd in the background) will hear me ask them to stop. If they don't stop that could be harassment. Again, the local police are likely to merely tell the person to move on. If I am walking in a public space and someone takes my picture from too far away to talk to me, that's one of the hazards of going out in public. I can dress or behave in ways that are more likely to make me a target of observation, or I can try to blend in. If I dress or behave in ways that I know are likely to invite looks and comments, then I am partially responsible for the response I get in public. I can hope that people will be perfectly polite and ignore my differences, but I know that some of them won't.
To say "I know I am able to legally go out topless, but I won't because men are jerks." is just bemoaning the poor behavior of some men, and wishing that such poor behavior wasn't so common.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby lutzj » Tue Jan 25, 2011 5:19 pm UTC

The Great Hippo wrote:What about when you've somehow made it clear you don't want pictures taken of your breasts? Is that harassment yet? Is it suddenly 'not harassment' because you're not wearing a top?


It's not really harassment whether or not you are wearing a top. Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Tue Jan 25, 2011 5:40 pm UTC

lutzj wrote:It's not really harassment whether or not you are wearing a top. Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.
Putting aside the question of law and legal ramifications for a moment: Are you seriously contending that by stepping out into public I give up any reasonable expectation of people not snapping pictures of my junk without my permission, covered or not?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Tue Jan 25, 2011 5:42 pm UTC

lutzj wrote:Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.

...

So if someone constantly stares ate your genital area, and takes pictures, even if you ask them to stop, that's not harassment. And it's probably your fault because of the way you dressed.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby LaserGuy » Tue Jan 25, 2011 6:49 pm UTC

EdgarJPublius wrote:However, this is all moot. We're specifically talking about the position that women should be able to go topless in public but not expect to draw stares.


I think this is intimately related to that discussion. As long as the taboo remains in force, and female toplessness remains a rare sight, there will be staring, that is just human nature.[/quote]

I think the issue of the taboo is the underlying issue that really needs to be addressed. There are cultures in the world where female toplessness is very common, if not the norm. In these cultures, gawking at a women's breasts would probably be, to a very significant extent, unheard of any more than you would gawk at someone's face. On the other end of the spectrum, there are cultures where seeing a woman's ankle is considered sexual and taboo, and people would stare at a woman walking around in capris and sandals. There are also cultures, incidentally, where staring is not considered aggressive or impolite. If toplessness were common enough here, then nobody would be taking pictures, nobody would stare, and if they did, nobody would care, because it would be nothing out of the ordinary. It is only the intermediate ground where the legal situation has changed but the cultural one has not that there will be problems. Considering that cultural rules are often at least as binding as legal ones, I don't expect to see much movement on the area for some time.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Tue Jan 25, 2011 7:01 pm UTC

LaserGuy wrote:I think the issue of the taboo is the underlying issue that really needs to be addressed. There are cultures in the world where female toplessness is very common, if not the norm. In these cultures, gawking at a women's breasts would probably be, to a very significant extent, unheard of any more than you would gawk at someone's face. On the other end of the spectrum, there are cultures where seeing a woman's ankle is considered sexual and taboo, and people would stare at a woman walking around in capris and sandals. There are also cultures, incidentally, where staring is not considered aggressive or impolite. If toplessness were common enough here, then nobody would be taking pictures, nobody would stare, and if they did, nobody would care, because it would be nothing out of the ordinary. It is only the intermediate ground where the legal situation has changed but the cultural one has not that there will be problems. Considering that cultural rules are often at least as binding as legal ones, I don't expect to see much movement on the area for some time.
That's fair; to be clear, my contention is that part of being a responsible human being involves accepting the impact that cultural norms have. If staring is threatening in culture X, don't stare in culture X, because even if we see that threat as silly--even if we come from a culture where staring is in no way threatening--the experience of feeling threatened is still very real. The same goes for the sense of violation we might experience when someone takes pictures of our body parts without our permission; that feeling of violation is very real in our culture, and when people tell me that I shouldn't be concerned about that--that it's something that I just need to 'deal with' as a result of entering a public space--it feels very much like I'm being told that this sense of violation I might experience is invalid or 'not real'.

To put it simply: Part of being a responsible human being involves not invalidating other people's experiences. If a woman feels violated by someone taking pictures of her breasts, that feeling should be respected; if there are things we can do to minimize that violation (i.e., refrain from taking pictures of her breasts) that require little to no expenditure of energy on our part, we should do those things.

We are products of our culture, and the geography of that culture needs to be understood and respected.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby LaserGuy » Tue Jan 25, 2011 7:32 pm UTC

The Great Hippo wrote:
LaserGuy wrote:I think the issue of the taboo is the underlying issue that really needs to be addressed. There are cultures in the world where female toplessness is very common, if not the norm. In these cultures, gawking at a women's breasts would probably be, to a very significant extent, unheard of any more than you would gawk at someone's face. On the other end of the spectrum, there are cultures where seeing a woman's ankle is considered sexual and taboo, and people would stare at a woman walking around in capris and sandals. There are also cultures, incidentally, where staring is not considered aggressive or impolite. If toplessness were common enough here, then nobody would be taking pictures, nobody would stare, and if they did, nobody would care, because it would be nothing out of the ordinary. It is only the intermediate ground where the legal situation has changed but the cultural one has not that there will be problems. Considering that cultural rules are often at least as binding as legal ones, I don't expect to see much movement on the area for some time.


That's fair; to be clear, my contention is that part of being a responsible human being involves accepting the impact that cultural norms have. If staring is threatening in culture X, don't stare in culture X, because even if we see that threat as silly--even if we come from a culture where staring is in no way threatening--the experience of feeling threatened is still very real. The same goes for the sense of violation we might experience when someone takes pictures of our body parts without our permission; that feeling of violation is very real in our culture, and when people tell me that I shouldn't be concerned about that--that it's something that I just need to 'deal with' as a result of entering a public space--it feels very much like I'm being told that this sense of violation I might experience is invalid or 'not real'.

To put it simply: Part of being a responsible human being involves not invalidating other people's experiences. If a woman feels violated by someone taking pictures of her breasts, that feeling should be respected; if there are things we can do to minimize that violation (i.e., refrain from taking pictures of her breasts) that require little to no expenditure of energy on our part, we should do those things.

We are products of our culture, and the geography of that culture needs to be understood and respected.


Oh, I agree entirely. My point is that the legal change is fairly trivial--as has been pointed out already, there are jurisdictions in the United States and most of Canada (and presumably, places in Europe, though I'm less familiar with legal developments there) where female toplessness is entirely legal. The inertia required to change the law is comparatively low. The inertia required to change the cultural norms, on the other hand, is very high, precisely because going against norms will invariably result in unwelcome behaviour, be it staring, gawking, or what have you. If a man were to tattoo himself head to toe so that he looks like a cheetah, then people are going to stare at because it is unusual and anticultural. If a were woman walking around topless, the result will be similar. The issue in my mind is not that a woman will necessarily receive unwelcome attention because she is topless, but because she is violating a cultural norm. For example, if the woman was seventy and topless, she would probably not be getting catcalls or having people following her around staring at her. People would look, and be surprised, yes, but probably no more so that they would at the cheetah guy.

For your contention though, consider this: both the taboo against toplessness and the taboo against staring at people unnecessarily are cultural rules. If one person decides to break the cultural rule and go around topless, do they have a reasonable expectation that other people should not break the cultural taboo against staring, as long as it is no more than staring (ie. stalking, physical/verbal assult, etc.)? If their walking around topless is in some way threatening or offensive to me, am I not also entitled to protection?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby TheGrammarBolshevik » Tue Jan 25, 2011 7:47 pm UTC

LaserGuy wrote:If toplessness were common enough here, then nobody would be taking pictures, nobody would stare, and if they did, nobody would care, because it would be nothing out of the ordinary.

I don't understand this. If "nobody," in the hyperbolic sense, would be taking pictures, then how could it be "nothing out of the ordinary" if somebody does?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Tue Jan 25, 2011 8:34 pm UTC

LaserGuy wrote:For your contention though, consider this: both the taboo against toplessness and the taboo against staring at people unnecessarily are cultural rules. If one person decides to break the cultural rule and go around topless, do they have a reasonable expectation that other people should not break the cultural taboo against staring, as long as it is no more than staring (ie. stalking, physical/verbal assult, etc.)?
Why? I'm prepared to listen to and respect the experiences of those who claim that the sight of bare breasts deeply offends them on some level. But I'm not prepared to listen to and respect the claims that the correct response to this is to then disrespect the bodies and minds of others.

The correct response to offense or a feeling of violation is not to 'return the favor'; it's to make what's happening clear, and make it clear that it isn't welcome.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby LaserGuy » Tue Jan 25, 2011 10:30 pm UTC

TheGrammarBolshevik wrote:
LaserGuy wrote:If toplessness were common enough here, then nobody would be taking pictures, nobody would stare, and if they did, nobody would care, because it would be nothing out of the ordinary.

I don't understand this. If "nobody," in the hyperbolic sense, would be taking pictures, then how could it be "nothing out of the ordinary" if somebody does?


I think that would be bad construction of the sentence. It should read something to the effect of: If toplessness were a normal course of events, then taking a picture of a person who happened to be topless would also be a normal course of events, and, therefore, nobody would care if topless pictures of them existed any more than they would if a picture were taken of them clothed.

The Great Hippo wrote:Why? I'm prepared to listen to and respect the experiences of those who claim that the sight of bare breasts deeply offends them on some level. But I'm not prepared to listen to and respect the claims that the correct response to this is to then disrespect the bodies and minds of others.

The correct response to offense or a feeling of violation is not to 'return the favor'; it's to make what's happening clear, and make it clear that it isn't welcome.


Because both are social conventions. There is nothing wrong with staring at someone; there is nothing wrong with walking around topless. It is only by convention that we associate any meaning to either of these ideas. I might even venture that considering that the social taboo against being topless is much stronger than that of staring (see, for example, nipplegate), that the level of disrespect caused by the latter may considerably exceed that of the former. And when placed in situations that are offensive or surprising, people will not, by and large, behave rationally. I'm passing no judgment on the correctness of the response, simply saying that if someone breaks a particularly strong social custom, they should not expect others maintain social conventions either.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby lutzj » Tue Jan 25, 2011 10:40 pm UTC

The Great Hippo wrote:
lutzj wrote:It's not really harassment whether or not you are wearing a top. Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.
Putting aside the question of law and legal ramifications for a moment: Are you seriously contending that by stepping out into public I give up any reasonable expectation of people not snapping pictures of my junk without my permission, covered or not?


Yes. When you are in public they can see you. Cameras hidden in dressing rooms or stuck up skirts do violate one's reasonable expectation of privacy, but truly public areas, by definition, hold no serious expectation of privacy.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Tue Jan 25, 2011 10:53 pm UTC

lutzj wrote:
The Great Hippo wrote:
lutzj wrote:It's not really harassment whether or not you are wearing a top. Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.
Putting aside the question of law and legal ramifications for a moment: Are you seriously contending that by stepping out into public I give up any reasonable expectation of people not snapping pictures of my junk without my permission, covered or not?


Yes. When you are in public they can see you. Cameras hidden in dressing rooms or stuck up skirts do violate one's reasonable expectation of privacy, but truly public areas, by definition, hold no serious expectation of privacy.

... :?

I really hope there is a communication failure here. Perhaps things would be clearer if you responded to what I asked earlier.

Роберт wrote:
lutzj wrote:Whatever you allow people to look at in public is fair game for, y'know, looking at. The buck should stop at any sort of explicit threat, physical contact, etc., but there's really no enforceable law you could write to prohibit what amounts to "I went to a public place and people looked at me." You're allowed to complain that people staring at you are jerks accuse them of being perverts, but I'd contend that by dressing provocatively in public you are being lewd yourself.

...

So if someone constantly stares ate your genital area, and takes pictures, even if you ask them to stop, that's not harassment. And it's probably your fault because of the way you dressed.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Wed Jan 26, 2011 6:31 am UTC

LaserGuy wrote:I'm passing no judgment on the correctness of the response, simply saying that if someone breaks a particularly strong social custom, they should not expect others maintain social conventions either.
Why not? You're not connecting any dots here; I agree that bare breasts is a breech of social conventions, and I agree that staring at someone's breasts (particularly when they make it clear they do not want you to stare) is a breech of social conventions. I don't see why one breech of social conventions automatically invites the other; 'people don't behave rationally' doesn't cut it. Yeah, I'm aware, people are irrational dicks in a lot of situations; that's irrelevant in a conversation about what they should do.
lutzj wrote:Yes. When you are in public they can see you. Cameras hidden in dressing rooms or stuck up skirts do violate one's reasonable expectation of privacy, but truly public areas, by definition, hold no serious expectation of privacy.
Do you understand how 'they can see you' is different than 'they can stare at you even when it's clear the stares aren't welcome' or 'they can snap pictures of you and your breasts even when it's pretty obvious you'd rather them not'?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby PAstrychef » Wed Jan 26, 2011 2:46 pm UTC

The Great Hippo wrote:Do you understand how 'they can see you' is different than 'they can stare at you even when it's clear the stares aren't welcome' or 'they can snap pictures of you and your breasts even when it's pretty obvious you'd rather them not'?

How is it decided what amount of staring is too much? Who decides? If I'm staring in your general direction and you think I'm staring at you, am I harassing you? One of the constants of human interaction is differing ideas about what's going on in any given situation.
Also, just because you don't like my taking pictures of you doesn't mean you can make me stop. The laws differ on what constitutes harassment, and if you feel threatened enough you can try to have me arrested and charged. Just like the security guards who are made nervous by people taking photographs of the mall they are paid to guard-they are NOT allowed to stop the photographers.
In Michigan several years ago a man was fined for saying (I believe) FUCK when his boat tipped and he fell in. The Plaintiff was a woman walking by who didn't want her child to hear such words. Was this using the law to promote general civility, or using the law to sanitize public space?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Wed Jan 26, 2011 3:27 pm UTC

PAstrychef wrote:How is it decided what amount of staring is too much? Who decides? If I'm staring in your general direction and you think I'm staring at you, am I harassing you? One of the constants of human interaction is differing ideas about what's going on in any given situation.
When it's been made clear that your stare is unwelcome, but the staring continues, you are now engaged in harassment. How is that difficult?
PAstrychef wrote:Also, just because you don't like my taking pictures of you doesn't mean you can make me stop. The laws differ on what constitutes harassment, and if you feel threatened enough you can try to have me arrested and charged. Just like the security guards who are made nervous by people taking photographs of the mall they are paid to guard-they are NOT allowed to stop the photographers.
As I said, I'm not really concerned with the legal geography of harassment. It differs from state to state and country to country. You can find extreme examples on all sides of the spectrum.

But, seriously. What's your contention here? If I were to go outside and start snapping photos of people's breasts without their permission, regardless of how they responded or what signals they sent off, would I or would I not be a harassing douchefuck?
PAstrychef wrote:In Michigan several years ago a man was fined for saying (I believe) FUCK when his boat tipped and he fell in. The Plaintiff was a woman walking by who didn't want her child to hear such words. Was this using the law to promote general civility, or using the law to sanitize public space?
Not really seeing the relevance. If I took pictures of someone's breasts by accident, it would be hard to describe that as harassment (particularly if I then deleted the picture and simply apologized). I'm not talking about 'sanitizing public space'; I'm talking about protecting people from willful harassment.

But let's make your example relevant: Let's say the man proceeded to follow the woman and child down the dock for a little ways. Every three steps, he'd say "Fuck" to them.

Is that harassment?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby morriswalters » Wed Jan 26, 2011 4:13 pm UTC

Moderation of public behavior is a two way street. If you act out of the norm then you effectively say look at me, no matter what your intent. A women wearing no top in public will be perceived by the custom of the location. If everybody else is covered she will stand out. Douche bags or not people will stare, and take pictures. Would you stare at a Elephant walking down the street? Eventually, if enough people do it, it won't stand out like a sore thumb. Then people might not stare or be douche bags about it.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Wed Jan 26, 2011 4:17 pm UTC

morriswalters wrote:Douche bags or not people will [...] take pictures.

I disagree here.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby JBJ » Wed Jan 26, 2011 4:22 pm UTC

Роберт wrote:
morriswalters wrote:Douche bags or not people will [...] take pictures.

I disagree here.
Given the number of people with cell phone cameras, not an unreasonable assumption.
Nevermind, misunderstood target of disagreement (clarified below).
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Wed Jan 26, 2011 4:24 pm UTC

I wasn't saying people wouldn't take pictures, I was saying that if you take pictures, you're a douchebag.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby morriswalters » Wed Jan 26, 2011 4:40 pm UTC

Maybe, maybe not, even if the woman isn't the target she still might get photographed. Let me ask, if and elephant came down the street would you snap it? Wouldn't being a douchebag be a matter of intent?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Wed Jan 26, 2011 4:49 pm UTC

morriswalters wrote:Maybe, maybe not, even if the woman isn't the target she still might get photographed. Let me ask, if and elephant came down the street would you snap it? Wouldn't being a douchebag be a matter of intent?

I don't think anyone is worried about accidental photographs or even intentional photographs if the intent is reasonable. The elephant analogy isn't very good. A better analogy would be a transvestite, drag queen, transsexual, or woman in a short skirt. No, I would not take pictures. I might smile and wave or something, depending on the context.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby nitePhyyre » Wed Jan 26, 2011 5:01 pm UTC

You guys should really all get on the same page. One group of people is describing a situation where there are stares, jaw-drops, gawking and photos as a topless woman walks by. The other group of people is describing following a topless woman around for the better part of the day, taking pictures and verbally assaulting the woman(catcalls). These situations are simply not comparable.


@Роберт: Do you even know what the elephant analogy means? Why it was used? Then please, tell us, why is it a bad analogy?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Mavketl » Wed Jan 26, 2011 5:05 pm UTC

nitePhyyre wrote:Then please, tell us, why is it a bad analogy?
Mostly because the elephant doesn't give a damn about staring, gawking, taking pictures or following around. Which means that doing that to an elephant doesn't make you a douchebag, just a little weird... whereas doing that to a person kind of does make you a douchebag.

The point of the analogy is "people will notice uncommon things" - which is something that nobody here seems to have a problem with. So it's also rather irrelevant.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Роберт » Wed Jan 26, 2011 5:22 pm UTC

nitePhyyre wrote:@Роберт: Do you even know what the elephant analogy means? Why it was used? Then please, tell us, why is it a bad analogy?

......
It's pretty obvious what it means and I thought it was obvious why I thought it was a bad analogy. The elephant is not a person. A woman in a short skirt is. A random person snapping pictures of the elephant is unlikely to worry the elephant. A stranger snapping pictures of a woman in a short skirt is likely to be making the woman uncomfortable. Is that clear enough?
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby PAstrychef » Wed Jan 26, 2011 6:25 pm UTC

Hippo-
I don't think there's a disagreement here. We both think that harassment occurs. We seem to agree that, once told to stop your action (staring, photos, comments) if you continue, that's harassment. Is the determination of harassment "I feel like that person is harassing me?" What if they weren't taking pictures of your boobs, but of the garden behind them?
Do you really believe that people get a guarantee of being comfortable every time they go out in public? There will always be some people who behave badly. (or inappropriately for a given situation)
The question was, "if women go against common culture and walk around topless, can they expect not to be noticed, and perhaps stared at?". Because going against common culture will get stares and comments and maybe photos. Until common culture changes. In (certain parts of) NYC a couple of different races is unnoticed. 10 years ago they might have gotten looks. 30 years ago they might have had violence to deal with. If women start going topless next week, in a few years there will be fewer looks and in 20 no-one will notice. Even if naked boobs become common, there will still be assholes.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby Jessica » Wed Jan 26, 2011 6:41 pm UTC

PAstrychef wrote:...can they expect not to be noticed, and perhaps stared at?
And I'm pretty sure everyone is agreeing that they can expect to get stares if they do it in a place where it's not expected. There might even be some people who'll snap photos, and most of them probably would do so covertly, because there are also social conventions regarding taking photos of people.

There also seems to be agreement that at the other end of the spectrum, that if someone was topless, if someone started following them, yelling at them, taking multiple photos with telescopic lenses from different angles, that they have the right to be annoyed, worried, and feel harassed. Also to possibly call the police.

There is a give and take, and there's the area between the two extremes which everyone seems to be trying to figure out. Is there an answer to the grey area? Probably no hard and fast line. Of course, whether something is negatively impacting a person is generally only knowable by the person (eg. I can't tell you that you're feeling bad about something), and if legal ramifications came into play then a 3rd party would probably have to weight the two sides as to whether it's legal or not. But, whether there's a legal implication or not, doesn't take away the topless person's right to feel what she feels. Also, if someone is doing something that isn't socially accepted, then others generally have to decide for themselves how far they let their shock display. There are social conventions about how much one can really gawk at another human being without making them seem less than human.

I don't know if that made sense.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Thu Jan 27, 2011 12:52 am UTC

PAstrychef wrote:The question was, "if women go against common culture and walk around topless, can they expect not to be noticed, and perhaps stared at?".
That wasn't the original question. The original point of debate was this:
KingAuthor wrote:if a woman wants to go topless in public, then for at least a little while after legislation is passed, she's going to have to endure the male gaze and has no right to complain about it.
Do women have the right to be outraged at their treatment when they walk around topless? That's the question I'm addressing.

I accept the notion that topless women should expect to be treated inappropriately; I reject the notion that they should accept being treated inappropriately.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby morriswalters » Thu Jan 27, 2011 2:03 am UTC

The Great Hippo wrote:I accept the notion that topless women should expect to be treated inappropriately; I reject the notion that they should accept being treated inappropriately.
I'm unsure how much difference there is between the two positions. They should be treated with respect, with the understanding that they are unlikely to experience it among populations who don't have a high degree of emotional sophistication. Given the society we live in this is a crack brained notion. We create images of young girls as sexual objects and porn is a billion dollar industry.
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Re: Topfree Movement: Wanting to Have Ones Cake and Eat It T

Postby The Great Hippo » Thu Jan 27, 2011 2:55 am UTC

morriswalters wrote:I'm unsure how much difference there is between the two positions.
It's the same distinction we make between accepting the reality of an unjust world yet still opposing its injustice.
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