Texas Court Strikes Down Revenge Porn Statute on First Amendment Grounds

In 2015, the Texas legislature passed a "revenge porn" law that criminalizes sharing online intimate images of current or past relationships.  

Revenge Porn Statute Held Unconstitutional

The 12th Court of Appeals in Tyler held the law to be unconstitutional because it's too broad and infringes on free speech.  In his opinion, Chief Justice James Worthen said the First Amendment usually prohibits "content-based" restrictions.  The court also held the law to be vague and further that it infringed on the rights of third parties, who unknowingly share intimate images online.  

Attorney General's Decision to Defend Revenge Porn Statute

The Texas Attorney General will decide whether to defend the revenge porn statute.  

Read the original story here:

https://www.dallasnews.com/news/texas/2018/04/21/appeals-court-strikes-texas-revenge-porn-law

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.