Posted on 07/14/2015 11:51:41 PM PDT by nickcarraway
The American Civil Liberties Union's successful bid to strike down Arizona's new "revenge porn" law solves a problem that doesn't exist.
Backed into a First Amendment corner with no legal wiggle room, the Attorney General's Office waved the white flag on enforcing the new law designed to stop jilted lovers from posting naked photos of their exes on the Internet without their permission.
The ACLU challenged the validity of the "revenge porn" law on grounds that it could be broadly interpreted to include book stores that sell, display or simply show images of others who are naked.
As if prosecutors and police have enough free time to review every book in every book store in Arizona looking for photos of naked people, and then going to the trouble of finding out if those people gave permission to have such photos published.
The law as crafted was designed to allow people who have been violated in the most humiliating way in Cyberspace's version of the Wild West to seek legal redress. Specifically, it was designed to address situations where someone may have taken a compromising photo during a relationship that was not meant to be shared with others and posted it on the Internet.
It would justifiably make such actions a felony crime instead of a get-even prank.
Hopefully, the ACLU's legal victory in this case will only be a stumbling block and not a blockade to the successful creation of a revenge porn law for Arizona. Fine-tuning the language of the law should be an easy task that would pass ACLU muster as there currently are 24 states with active criminal laws against revenge porn; some of which define the offense as cyber-rape.
Most certainly, common sense dictates that such offenses obviously fall into the category of criminal harassment and hardly fall under the confines free speech and free press.
How about just being smart and not taking nude photos and sending them to your boyfriends or girlfriend’s phones or email. Oh yeah that would involve personal responsibility and the “look at me, look at me” generation can’t have thought. Keep the government out of it. You know where they want to steer this ship.
How about just being smart and not taking nude photos and sending them to your boyfriends or girlfriend’s phones or email. Oh yeah that would involve personal responsibility and the “look at me, look at me” generation can’t have that. Keep the government out of it. You know where they want to steer this ship.
Publically displaying, selling, or disseminating nude pictures of anyone without the photographed persons specific permission for that display, sale, or distribution should be a crime, with malicious or profit intent added as a multiplier added to penalty. Exception for baby pictures to caring relatives of normal sexual proclivities.
How about "No nude photo or film taken in a non-public location can be published or posted without the written consent of each person pictured."
After all, part of the right to free speech is the right to be silent when you don't want to say anything. If nudity is speech. Then there's a right not to be seen nude if you don't want to be.
Under the law, posting a naked pic of your ex can land you two and a half years in prison.
Assault causing physical injury is a misdemeanor which can land you six months in jail.
The law means that you will get into less trouble from just beating the crap out of her.
In California, one guy got 18 years.
IANAL, but it is my understanding that obscenity does not enjoy 1st Amendment protection, albeit the definition of “obscene” has been weakened into near-meaninglessness.
Disgusting
Just see if I ever show you my acronyms again.
As Potter Stewart said, I can’t define an acronym, but I know one when I see it.
I’m just glad the space bar was not used.
(I am not a lawyer either.)
Sorry sluts and he-sluts, don’t want naked pics of you getting out? Don’t take them. Think.
Are you trying to tell me that they can't find any volunteers, deputize them, and send them off to look at some dirty pictures?
I mean it's hard work and all...
“How about just being smart and not taking nude photos and sending them to your boyfriends or girlfriend’s phones or email?”..................
A common sense statement if I ever heard one.
One thing about making new laws for every possible tort is that they invariably infringe of the Freedom of the People in one way or another. Better to handle each complaint case-by-case to determine harm/culpability/contributive foolishness....
If you find any, please do not post them.
If you are both taking pictures or videos together, then the consent exists.
The problem occurs when the pictures or videos are taken without permission....by hidden cameras. This is where there is no consent.
But the person looking at these pictures cannot discern the difference between the two.
This allows one party in the first scenario to claim there was no consent....like claiming rape after the sex.
There is no black and white here.
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