Texas Court: 2015 Revenge Porn Law Unconstitutional

Advertisment

Revenge porn is receiving the attention all over the United States as regional, state, and even federal lawmakers dispute with the ways in dealing with the habit of posting private and intimate pictures of people without their permission. A 2015 Texas law that moved to declare revenge porn a misdemeanour with a maximum of one year of jail time and a fine of $4,000 was struck down by the 12th Court of Appeals as a violation of the First Amendment. The court also dismissed a charge against Jordan Bartlett Jones, who challenged the said law after he was denied a Writ of Habeas Corpus in 2017.

In the said ruling, the 12th Court of Appeals stated that revenge porn was too broadly defined by the law, and, as such, it violates the First Amendment, which James Worthen, the Chief Justice, believes prohibits the limitations on free speech based on its content. Also, the Texas Tribune noted that the appeals court believed that the law reached too far in targeting the third parties who may have unknowingly shared intimate photos. According to the Austin American-Statesman, the Texan prosecuting attorney prepares to ask the 12th Court to review its decision, and then bring the case to a higher court if unsuccessful.