• Court rules 'revenge porn' law violates First Amendment
    77 replies, posted
https://www.dallasnews.com/news/texas/2018/04/21/appeals-court-strikes-texas-revenge-porn-law Is distributing intimate photos of current or previous sexual partners without their consent protected by the First Amendment? A state appeals court says yes.Now it will be up to the state attorney general's office to defend the state's "revenge porn" law, which was passed in 2015 and punishes those who post intimate images from previous or current relationships online.The Tyler-based 12th Court of Appeals said the law is unconstitutional because it's too broad and infringes on free speech, The Texas Tribune reported.In his findings in the case, Chief Justice James Worthen said the First Amendment usually prohibits "content-based" restrictions.The court also said that the law was vague and infringed on the rights of third parties who might unwittingly share intimate images, according tot he Associated Press.
The mental acrobatics in this is intense
What in the world were they thinking???
Being able to post someone else's video without their permission is not a freedom of speech issue. It's a privacy issue
But what if you got permission? Do we allow others to revoke consent after the fact with other forms of recorded media?
I'd say if you got consent when it was posted, then it's not revenge porn...
This is obviously a good thing. If you preemptively limit what kind of media people can share, then you're limiting free speech. Yes revenge porn is bad, but it's NOT a 1st amendment issue, it's a copyright issue, and should be treated as such.
... No it's a privacy issue. Pursuing pictures or videos of project without their consent should not be allowed
Then they shouldn't share those intimate photos with other people. Once it becomes public and shared on hosting platforms, it becomes a copyright issue, because the owner has the rights over that media. Privacy laws are something that should be delegated to real life, i.e. stalking.
So don't share media just in case they one day decide to post it online without your permission?
Yes
So... victim blaming
If you don't want your intimate photos shared, then don't hand them out to people you don't have absolute trust in. It's not a hard concept to grasp.
Trust can change, relationships change. People still don't have the right to post things without the consent of all involved. There is literally a branch of laws dedicated to this that film makers deal with every day
you're a special one aren't ya
...?
you're the special one who doesn't understand what privacy laws are. The piece of media is between two consenting people, not a bunch of strangers. First amendment is even more retarded to bring onto the table considering that's protection from criticizing the state, not protecting someone intruding on another person's privacy with malicious intent.
you knew the risks giving those photos out, so it would be stupid to ban people from posting those photos because you're limiting what someone can say, and sharing media is a form of saying something but because they are your pictures you have the right to issue a copyright takedown, you just can't ban someone from sharing them after willingly giving them out
But it's not only "yours", you're sharing someone else's media. Copyright has nothing at all to do with this, idk what you're on about
What is there to say exactly? Its revenge porn, its literally just harassment. You're acting like the next big academic venture will lay in a sour man/woman posting them fucking/posing. You are not "willfully giving out" you're giving it to a single person. There's a difference in a private transaction and a public one.
So then any picture of a person -- taken with consent -- needs that person's consent to be shared? What exactly separates a pornographic photograph from a non-pornographic photograph? Full nudity? Okay, what if they're just bikini photos? What if it's someone being nude in public? If the photo was taken with consent, it would seem to be that that photo is now yours. My question still stands: do we allow people to revoke consent for their likeness being shared in other forms? If someone agrees to have a non-pornographic photo of themselves taken, do we allow them to sue if someone shares that photo?
Actually yes. In a lot of cases people sue for being shared in photos/videos that they didn't give consent for. Like I said, it's something film makers deal with daily
Whenever you send a photo to someone over a chat platform, and you agree to that platform's terms of service, every photo you send has to be licensed shareable to anyone, or else the chat platform wouldn't be able to legally function. If you blanket banned the sharing of intimate photos entirely, then every single chat platform used by anyone can be held liable for the photos someone shares, which would completely destroy instant messaging as a whole.
That doesn't mean you've consented for that photo to be shared on another platform though
at this rate you can say pantie shots are legal. I mean its your photo in a public place. Its not your fault if she wasn't wearing underwear, she should have known better. A good rule of thumb when it comes to rights is "your liberty to swing your fist ends where my nose begins". No one's rights should harm the other's rights. By hiding behind the first amendment, you're now digging into another's privacy.
Okay, you're talking about photos and videos they didn't consent to being taken. That's not what we're talking about.
You can't even damage people's reputation with truth all the time in America, so why the fuck would you be able to publish damaging photos just because "you got them"?
NO, because consenting to have a photo taken, and have it shared are two separate things
I mean this simple fact basically destroys the concept that publishing "photos you got permission to take of other people" is an unlimited privilege.
Yes it does. When you upload a photo to a service, you license that photo as being shareable to /anyone/. It doesn't matter who, it has to be shareable to the entire world, or else chat platforms would not be able to deliver those photos without being held responsible for every single little thing that they don't even have control over.
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