Tag: First Amendment

  • Lying Law Prof Mary Anne Franks Comes to Town

    Thanks to the Houston Chronicle, Cyber Civil Rights Initiative activist Mary Anne Franks got to bring her special brand of authoritarianism to my neck of the woods: Franks dismissed claims by some groups, like American Civil Liberties Union, that criminal penalties for posting the photos infringes on behavior protected by the First Amendment. “This isn’t […]

  • Revenge Porn: More Made-Up First Amendment Law

    Mary Anne Franks is still inventing First Amendment law in the cause of her political crusade to get her proposed statute outlawing revenge porn outlawed: PrometheeFeu, I do disagree with you, but much more importantly, the Supreme Court disagrees with you. The Court has never held that speech that has zero political, newsworthy, artistic, or […]

  • Is New Jersey’s Revenge-Porn Statute Constitutional?

    In Are Statutes Criminalizing Revenge Porn Constitutional? I considered Mary Anne Franks’s proposed statute aimed at revenge porn, and concluded that lower courts considering the constitutionality of the statute will be constrained by current Supreme Court precedent to find the statute unconstitutional. At least three states—New Jersey, California, and Texas—have statutes that would criminalize revenge […]

  • Are Statutes Criminalizing Revenge Porn Constitutional?

    There’s a movement afoot to pass statutes outlawing “revenge porn”—the malicious publication of images of intimate partners. Here’s the proposed state statute, drawn up by Florida law prof Mary Anne Franks: Whoever intentionally discloses a photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or […]

  • Three Overbroad Texas Penal Statutes

    (Despite the “hey, look at me, I’m a list” title, this is a post for law geeks). The Texas online-solicitation-of-a-minor statute, Texas Penal Code Section 33.021 (as it existed before September 1, 2015) violates the First Amendment to the United States Constitution because it bars adults making sexually-related communications that are neither solicitative nor obscene […]