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Sharing Nude Photos of Current or Ex-Partners Protected Under First Amendment
by Lloyd Brumfeld
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 to the Associated Press.
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