[ken in texas]

Just heard about this case today. It will be interesting if the Texas Supreme Court goes along or overturns this ruling.

[circlecity]

"the law made posting private, intimate photos a misdemeanor, carrying a charge of up to a year in jail as well as a $4,000 fine."

If the law really prohibited posting of all "private, intimate photos" then that does sound unconstitutionally broad and vague. That definition would include a photo of a fully clothed couple sitting in front of a fireplace.

[PeterPrinciple]

Isn’t the best left in civil court, than criminal court?

[Dilbert San Diego]

I may be criticized for saying this. But, ladies, please, don’t get into these situations where somebody is taking nude photos of you. Because who knows where such photos will end up eventually. Who knows if you will be with that particular boyfriend forever.

I hope it’s not too suggestive to say, let him get an eyeful in person, and only in person, if that’s the status of your relationship. But no need to document things via photos or videos for the world to see.

[Terry Mross]

So, can we see the pics of Me. Toups now?

[Opinionated Blowhard]

I’m glad I was a teenager and young adult at a time when we didn’t have cell phones with cameras and video recorders. I’m sure that we were just as stupid and foolish as the current generation, but very few people had the means or motivation to take nude pictures, or record themselves having sex. The best way to avoid having embarrassing nude pictures or videos of yourself posted for the public to see is to not have them taken in the first place.

[Boogieman]

If you don’t pose for porn pictures, then porn pictures of you will never wind up on the internet. I know that’s a radical concept, but it actually works.

[BobL]

The 3rd Party part is probably what bothered them. If some jack posts a nuddie pic on the internet, I have no way of know if the nuddie consented. The law, as I understand it, would also hold me, the 3rd party, as responsible (along with the clown who posted it). So keep it to the guy who starts the process, not the downstream people who may not have a clue as to what’s going on.

[Ancesthntr]

How about looking at this a different way:

It isn’t a free speech issue, it is an issue of intellectual property (an image of you taken without your specific permission for publication is a violation of your PROPERTY rights). Another thing is invasion of privacy - you have a right to NOT expose your image, particularly of body parts that are traditionally taboo to be shown in public. Those 2 things - property rights and the right to privacy - should overcome free speech issues...particularly if some legislature could artfully craft appropriate legislation.