Arizona judge extends stay of enforcement of nude photo law
U.S. District Judge Susan Bolton extended the stay of the law’s enforcement to give the parties an opportunity to explore settlement possibilities.
If a settlement is not reached, the oral argument will be held on August 31.
Read about the case »
Legislative Tracker 2015
Media Coalition tracks hundreds of legislation in Congress and all 50 states that may have First Amendment implications every year.
The Legislative Tracker includes up-to-the-minute updates of state and federal legislation, as well as Media Coalition’s summary of the legislation.
Bills we are currently tracking »
MEDIA COALITION is an association that defends the First Amendment rights of producers and distributors of books, movies, magazines, recordings, home video, and video games, and defends the American public’s First Amendment right to have access to the broadest possible range of information, opinion and entertainment.
- Judge says man should not have been suspected of terrorism because of his book collection: http://t.co/GfzCglHgej
- Filmmakers sue MTA for banning subway ad for film about Muslims: http://t.co/n5vAjRk52t
- The Story of the Most Controversial Shirt in Rock History – via @RollingStone – http://t.co/VIAqLuimCy
Louisiana H.B. 153: Bill would force websites to “ID” every visitor
House Bill 153 would require every website that has “harmful to minors” material to make every visitor “acknowledge and attest” to being 18 years old or older prior to accessing the material. The crime is in the failure to “ID” each visitor, so websites would be held liable even if the person accessing the “harmful to minors” material is an adult.
The bill has many constitutional issues and practical concerns. It forces websites to label certain content as “illegal” to minors, even though this material is legal until a court deems otherwise. It deprives adults from being able to browse websites anonymously. The bill provides little instruction on how to comply with the law, because it does not say whether visitors must provide substantial proof of age or a mere click is enough. It also does not say what information websites must gather from each visitor and how long to keep that information or in what fashion.
Texas S.B. 1135: Non-consent bill would hold publishers liable for actions of others
Senate Bill 1135 would bar the dissemination of nude or sexually explicit photos without consent of the person depicted, under certain circumstances. One of those circumstances is that the person is identifiable by the image or accompanying information, even if the identifying information is added by a third party separate from publication. This means that a news site can be prosecuted for publishing a newsworthy image of a public figure who is cheating on his or her spouse, if someone later “outs” the other person in the image. The site would be held liable even if it had obscured the identity of the person in the image to protect his or her identity.
Connecticut H.B. 6921: Amended bill would criminalize artistic, historical and newsworthy images
The Connecticut House broadened the H.B. 6921, a non-consent bill. As amended, the bill criminalizes a substantial amount of First Amendment protected speech. It is not limited to malicious invasion of privacy, and it applies to artistic, historical and newsworthy images. It makes no distinction between a hacker who releases private photos and a publisher who prints images of a politician or public figures engaged in unseemly behavior.
Recent Legislation Updates
June 24, 2015: The House Committee on Administration recommended the bill be passed.
The bill would bar the marketing of a list of products and services that are illegal for minors on websites directed to minors. For any website that has actual knowledge that a minor is on the website, it may not market or advertise the goods or services to that minor. Included in the restrictions is the marketing of “harmful to minors” materials.
June 17, 2015: Governor Peter Shumlin signed the amended bill into law.
The bill would bar the dissemination of a nude or sexually explicit photo if one knows or should have known that the person in the image did not consent. The bill was amended to require that the dissemination is done with the intent to harm, harass, intimidate, threaten or coerce the person depicted; the dissemination would cause a reasonable person to suffer harm; and that the person in the image is identifiable.
June 22, 2015: The bill was sent to the Governor Dan Malloy for his signature.
The bill would make it a crime to disseminate a nude or sexually explicit photo without the consent of the person depicted if the person knew that the person depicted understood the picture would remain private. A provision that the dissemination was done with the intent to harass, annoy, alarm or terrorize the person depicted was taken out of the bill before the legislature passed it.
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