Author Topic: Is "revenge porn" protected free speech? Texas Court of Criminal Appeals to weigh in.  (Read 507 times)

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Online Elderberry

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Big Country By Emma Platoff 12/12/2018

"Is “revenge porn” protected free speech? Texas Court of Criminal Appeals to weigh in." was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

More than three years ago, a statute aimed at criminalizing “revenge porn” passed the Texas Legislature with rare bipartisan support — it passed both chambers with nary a “nay” vote and won a swift signature from the governor.

Now, the fledgling law faces an existential threat: a legal challenge alleging it violates free speech rights. A state appeals court in April ruled the law unconstitutional, writing that “it violates rights of too many third parties by restricting more speech than the [U.S.] Constitution permits.” Now, the case, set for submission Wednesday before the Texas Court of Criminal Appeals, awaits final reckoning.

The vast majority of states have some kind of “revenge porn” law on the books. Signed into law in June 2015, the Texas statute makes it a class A misdemeanor to publicly post intimate photos of a partner sent with the understanding that they would remain private. Conviction can bring a fine of up to $4,000 and a sentence of up to a year in jail.

Congresswoman-elect Sylvia Garcia, the Houston Democrat who authored the bill as a state senator, defended its importance.

“The law is about a horrific practice that is about victimization, not speech,” Garcia said. “The law was crafted carefully to focus on only the worst and verifiable behavior that sexually defames its victims.”

More: https://www.bigcountryhomepage.com/news/main-news/is-revenge-porn-protected-free-speech-texas-court-of-criminal-appeals-to-weigh-in/1655050050
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Offline Taxcontrol

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I am of the opinion that it should hinge on the expectation of privacy. 

If the subject of the revenge porn did not authorize the release:

-AND- if there is an expectation of privacy (with that being the starting assumption and the burden of proof on the person releasing the material)

-THEN- releasing it should be prohibited.

Offline Frank Cannon

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Congresswoman-elect Sylvia Garcia, the Houston Democrat who authored the bill as a state senator, defended its importance.

I'll say it's important. Anyone using pictures of this dumb cow for revenge porn should go to jail for a long time....


Offline InHeavenThereIsNoBeer

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Congresswoman-elect Sylvia Garcia, the Houston Democrat who authored the bill as a state senator, defended its importance.

I'll say it's important. Anyone using pictures of this dumb cow for revenge porn should go to jail for a long time....


I don't know about revenge porn, but your post on disabled porn on ToT was one of the best I've seen in a long time.
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Offline Frank Cannon

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I don't know about revenge porn, but your post on disabled porn on ToT was one of the best I've seen in a long time.

LOL. Let me tell ya, people are into kinky shit these days.

Offline RoosGirl

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LOL. Let me tell ya, people are into kinky shit these days.

This sounds like first hand knowledge.  Do tell!


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