TYLER, TX— The 12th Court of Appeals in Tyler, Texas has ruled that a state law banning so-called “revenge porn” violates First Amendment protections of free speech.
As reported by WBAP.com, “revenge porn” is the act of sharing sexually explicit photos and videos of a person without their consent for the purpose of shaming or embarrassing the person.
In its decision, the court made it clear that it wasn’t expressing protection of private porn or its dissemination. Instead, they said the statute that was signed into Texas law was written too broadly. In a written ruling, the court stated, “…it violates rights of too many third parties by restricting more speech than the Constitution permits.” It also said the law is vague and breaches the rights of third parties who may unintentionally share private images.
According to WBAP, lawmakers expressed frustration after the ruling. Representative Matt Shaheen, R-Plano, tweeted on April 19: “I am disappointed to learn that a state appeals court has struck down Texas’ ‘revenge porn’ legislation that made it illegal to post intimate photos on the internet without consent. This type of disgusting act must be punished. #txlege”
I am disappointed to learn that a state appeals court has struck down Texas’ “revenge porn” legislation that made it illegal to post intimate photos on the internet without consent. This type of disgusting act must be punished. #txlege https://t.co/oLZP1UuIdC
— Matt Shaheen (@MattShaheen) April 19, 2018
Aside — Though his indignation over this ruling is righteous, least we mistake what Shaheen is all about, he also tweeted this:
Psalm 86:15 But you, O Lord, are a God merciful and gracious, slow to anger and abounding in steadfast love and faithfulness. #Jesus pic.twitter.com/mVets9LBNt
— Matt Shaheen (@MattShaheen) April 22, 2018
Other states have had issues with “revenge porn”-related laws being too vague, too broad or both. For instance, as of last month, civil libertarians and media organizations in Rhode Island remained opposed to a bill criminalizing “revenge porn” due to concerns it could violate the First Amendment and make it illegal to publish newsworthy photos involving nudity.
It seems that most relevant parties are for limiting the non-consensual distribution of sexual images, they just want laws to be written correctly. For whatever reason, this continues to be an issue.
The Texas court’s ruling will be appealed.
