Tennessee legislators have passed an extraordinary law that makes it a crime to “transmit or display an image” online that is likely to “frighten, intimidate or cause emotional distress” to someone who sees it. Violations can get you almost a year in jail time or up to $2500 in fines. The law, in my view, is unconstitutional and a direct threat to free speech.
Here is the language of the new law:
(a) A person commits an offense who intentionally:
(4) Communicates with another person or transmits or displays an image in a manner in which there is a reasonable expectation that the image will be viewed by the victim by [by telephone, in writing or by electronic communication] without legitimate purpose:
(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or
(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and
(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.
Gov. Bill Haslam signed the bill into law despite its sweeping, vague assault on free speech.
The standard of what a sender or poster should “reasonably . . . know” would “cause emotional distress” is a standard without content. It would allow prosecutors to pick and choose which posters or senders they want to prosecute for images. The claim of a “legitimate purpose” does little to improve the legal situation. All posters have the purpose of sharing an image, what constitutes a “legitimate purpose” if the prosecutors view the image as disturbing?
Notably, the person bringing the charge need not be the intended recipient. What if the image is disturbing as insulting to religious values or contains elements that are viewed as sexist or racist or otherwise hateful. We have seen a growing assault on free speech in the West in countries like England over such prosecutions.
Magnifying the free speech concerns is another provision giving law enforcement access to the contents of communications on social networking sites. The combination creates a chilling effect on free speech that is positively glacial.
The law runs afoul of a host of prior cases and more importantly constitutional values and history. In Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), The Court struck down two provisions of the Child Pornography Prevention Act of 1996 as overbroad. The Court held that “[a]s a general principle, the First Amendment bars the government from dictating what we see or read or speak or hear.” Even when combatting child pornography, the Court held that (absent use of children in sexual acts), Congress could not impose an overboard criminal provision. The Court further noted:
Here, the Government wants to keep speech from children not to protect them from its content but to protect them from those who would commit other crimes. The principle, however, remains the same: The Government cannot ban speech fit for adults simply because it may fall into the hands of children. The evil in question depends upon the actor’s unlawful conduct, conduct defined as criminal quite apart from any link to the speech in question. This establishes that the speech ban is not narrowly drawn. The objective is to prohibit illegal conduct, but this restriction goes well beyond that interest by restricting the speech available to law-abiding adults.
The Tennessee law is truly breathtaking in its unconstitutional sweep. It actually makes the Child Pornography Prevention Act of 1996 look narrowly tailored. Not only have the Tennessee legislators and Governor failed to protect the free speech rights of their constituents but they will now trigger a costly challenge where those same citizens will pay for the defense of this ill-conceived and ill-advised law.
52 thoughts on “Tennessee Makes Posting Images A Crime If They Are Viewed As Distressful To Third Parties”
good post .i like this website
Blogs links: welcome to my website.
cheap uggs boots outlet sale
heap uggs boots online
Plenty of people generally think that home security camera systems are great just for watching over how things go about in and out of a house. Then again, this isn’t the only real way in which home security cameras are useful for. There are plenty of other stuff that you can use Security Cameras for! Though their very own primary purpose is to keep watch over your residence, they may be employed for other stuff too. These kind of cameras definitely are a rewarding investment almost any homeowner could make.
Wireless Security Cameras
Uncertain of what to do about the gift bags and boxes you have accumulated within the holidays? Sick and tired with all the chaos they make in your own home but you do not want to throw them away? Then maybe you should look into reusing or perhaps recycling them. Many people merely throw-away the Gift Boxes and even gift bags which they have received for the duration of Christmas or even some special occasion. But, such behavior isn’t of help to the surroundings.
Cheap Gift Boxes
REG_DWORD Named Setting for Value Data: = Enabled (Default) / 1 = Disabled] Exit Registry / Reboot 12. Hide/Show My Documents Folder on Desktop By default, Windows XP does not show the My Documents folder on the Windows desktop. Using the registry tweak below allows you to control whether or not My Documents is displayed. Go to: HKEY_CURRENT_USER\Software\Microsoft\Windows\Curre ntVersion\Explorer\CLSID\450D8FBA-AD25-11D0-98A8-0800361B1103\ShellFolder Modify/Create DWORD Value of Data type REG_DWORD Named Setting for Value Data: = 0xf0400174 / Hidden = 0xf0500174] Exit Registry / Reboot 13. Create a Hidden User Account This tweak allows an account that is normally displayed on the Welcome screen to be hidden from view. To log on using the account it’s necessary to use the Log On To Windows dialog box similar to the one in Windows 2000 i.e. press CTRL+ALT+DEL twice. Go to: HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\WindowsNT\Cu rrentVersion\Winlogon\SpecialAccounts\UserList Modify/Create DWORD Value of Data type REG_DWORD Named Name of Account to be Hidden] Setting for Value Data: = Account is Hidden / 1 = Enabled] Exit Registry / Reboot While the account is hidden on the Welcome screen, note that the account profile will be visible in C:\Documents and Settings or wherever user profiles are stored as well as in Local Users and Groups. 14. Create Legal Notice Logon Dialog Box In.
windows 7 home premium serial key
Is no less than a do-gooder, while I have a hundred files left open on my PC. Didn’t get it? Let me explain. Computer hibernation, is nothing but an energy saving mode that saves power by switching the system off, in a way that the current state of the computer is saved to the hard drive, so that no files are lost, even when the computer is shut down. When again, the user turns on the system, every information that was saved is easily read by the hard disk, thereby, restoring every file and folder used before the system went onto the hibernating mode. Just so you know, many people confuse computer hibernation with Windows XP’s standby mode, and Windows Vista or Windows 7’s sleep mode. The following content not only gets you acquainted about how to activate the computer hibernation mode, but also tells about the difference between hibernation, sleep and stand-by modes. Keep reading. Computer Hibernation: How to Activate and Deactivate Hibernation saves an image of your desktop with all the files and documents that are open, thereby, powering down your computer. It is because of this power management mode that it is possible to save computer batteries without consuming time to shut all your files, and then shut down, and restart all over. For those who live working on their computers, computer hibernation helps in retaining all their work, without having it shut down, and lose important files left open. The best thing about Windows computer operating system is that it automatically.
Make Windows’s web services work faster for you, too
SURF FASTER Browsing the web isn’t just about clicking
Selects the text in the Address bar.
Displays a list of addresses you’ve typed.
+ LEFT ARROW
When in the Address bar, move the cursor left to the next logical break in the address (period or slash).
+ RIGHT ARROW
When in the Address bar, move the cursor right to the next logical break in the address (period or slash).
Add www. to the beginning and .com to the end of the text typed in the Address bar.
Delete browsing history.
CTRL] + +
Open an InPrivate Browsing window.
Open a new tab.
Switch to a specific tab number.
Return to your home page.
http://www.internetmoque.net – Compared Translations of the meaning of the Quran
In Islam, denial of human rights is OK because:
Islam is against pure democracy
Islam tolerates slavery
The misconception does not follow from the reasons given, and the reasons ignore a great deal of information.
As stated earlier, Islam is a complete way of life. Given this, it is not surprising that the Creator is concerned with the method which we choose to govern ourselves. The preeminent rule which the Islamic state must observe is stated in the Qur’an (translation follows):
[4:59 – O you who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If you differ in anything among yourselves, refer it to Allah and His Messenger, if you do believe in Allah and the Last Day; That is best, and most suitable for final determination.
From this verse, it is clear that the state’s obligation of obedience to the Creator is as important as the obedience of the individual. Hence, the Islamic state must derive its law from the Qur’an and Sunnah. This principle excludes certain choices from the Islamic state’s options for political and economic systems, such as a pure democracy, unrestricted capitalism, communism, socialism, etc. For example, a pure democracy places the people above the Qur’an and Sunnah, and this is disobedience to the Creator. However, the best alternative to a pure democracy is a democracy that implements and enforces the Shari’ah (Islamic Law).
The Creator also states in the Qur’an (translated):
[42:36-38 – So whatever thing you are given, that is only a provision of this world’s life, and what is with Allah is better and more lasting for those who believe and rely on their Lord, and those who shun the great sins and indecencies, and whenever they are angry they forgive, and those who respond to their Lord and keep up prayer, and their rule is to take counsel among themselves, and who spend out of what We have given them.
Allah orders us in this verse to conduct our matters by taking counsel among ourselves, or by consulting each other. This is the methodology of the Islamic state, to consult one another, but to always keep the Qur’an and Sunnah paramount. Any law which contradicts the Qur’an or Sunnah is unlawful. This broad principle of consultation is certainly wide enough to encompass a form of government where all are heard – in fact, encouraged to be heard. The early Islamic states were of this form. The petty governments of many `Muslim countries’ today do not apply this principle and in fact commit many crimes against the people.
As for slavery, Islam is unique among the `religions’ in its close attention to the peaceful removal of this practice. Before the advent of Islam, slavery was widespread all over the world. The Messenger of Islam taught us that freeing slaves was a great deed in the sight of Allah. From the Sunnah, specifically in the study of the Sunnah called Sahih Bukhari, we find:
[3:46:693 – Narrated Abu Huraira: The Prophet said, “Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave.” Said bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja’far had offered him ten thousand Dirhams or one-thousand Dinars.
Also from the Sunnah, specifically in the study of the Sunnah called Malik’s Muwatta, we find:
[38:9:15 – Narrated Aisha Ummul Mu’minin: The Messenger of Allah, may Allah bless him and grant him peace, was asked what was the most excellent kind of slave to free. The Messenger of Allah, may Allah bless him and grant him peace, answered, “The most expensive and the most valuable to his master.”
The Creator has also made it easy for slaves to gain their freedom. From the Sunnah, specifically in the study of the Sunnah called Sahih Bukhari, we find:
[3:46:704 – Narrated Abu Huraira: The Prophet said, “Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price.”
The condition of slavery is very different in Islam than the harsh conditions imposed by non-Muslims or disobedient Muslims. From the Sunnah, specifically in the study of the Sunnah called Sunan Abu-Dawud, we find:
[41:4957 – Narrated AbuHurayrah: The Prophet (saw) said: None of you must say: “My slave” (abdi) and “My slave-woman” (amati), and a slave must not say: “My lord” (rabbi or rabbati). The master (of a slave) should say: “My young man” (fataya) and “My young woman” (fatati), and a slave should say “My master” (sayyidi) and “My mistress” (sayyidati), for you are all (Allah’s) slave and the Lord is Allah, Most High.
Also from the Sunnah, specifically in the study of the Sunnah called Sahih Bukhari, we find:
[3:46:721 – Narrated Al-Ma’rur bin Suwaid: I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, “Once I abused a man and he complained of me to the Prophet. The Prophet asked me, `Did you abuse him by slighting his mother?’ He added, `Your slaves are your brethren upon whom Allah has given you authority. So, if one has one’s brethren under one’s control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).”
As a result of the teachings of Islam, slavery was almost completely eradicated from many areas of the Muslim world, peacefully and without bloodshed.
For more details http://www.internetmoque.net – click her
Providing management, subject and residential customers with the power of spacecraft driven communications, the Iridium assistant phone employ is one of the energy leaders in using this technology. The flock is well-known as being the repair provider in the course of the United States Department of Defense, which happens to utter in unquestionably in place of the advances that procure been made in shadow communications technology on the other side of the career handful decades.
Rather than rely on amazon dishes and crazy to use devices, companies like Iridium dependant phone service have managed to recoil from the technology to more usable forms. The satellite phones in services today lean to manage and look more like continuous property lines or true level apartment phones, but the power that backs them is much greater.
The Iridium lieutenant phone group, for norm, operates using just about 66 low-earth orbiting satellites. These devices are cross-linked to specify as seamless of coverage as viable looking for customers that are thoroughly clear ranging. Thanks to its immense satellite crowning, Iridium is considered the owner of the biggest assistant constellation in the inviolate world. The assembly tends to dance attendance on to commerce and guidance clients, but its applications are also favored by many residential customers who finish in out of the way places.
As the Iridium technique becomes more sound and secure, more businesses and set residential customers are turning to this house to provide their enunciate and evidence transfer solutions. Industries that gain from disciple phone service, take in:
Defense: When telephone lines approval down, satellites don’t. This is the reason why government agencies such as the Section of Defense rely on companies like Iridium. It’s not a good impression for the defense bureau to yield conjunction with its indication employees. Satellites better institute sure this doesn’t happen.
Shipping: Multitudinous maritime companies rely on disciple phones notwithstanding their coverage areas and convenience. Not relying on chamber towers to power them, these phones are dream in the service of shipping companies that be experiencing vessels traveling in and out of outlying regions.
Aviation: There aren’t landlines on airplanes, but there are retainer phones. These devices on the dole over and beyond ordered announce frequencies to retain passengers and pilots in abut with the ground. Whether it’s commercial aviation or superintendence interconnected, satellite phones are brief fashionable the communication gismo of choice.
Transportation: We’ve all heard the dislike stories about affluent through the mountains and losing room phone service. Transportation companies that rely on satellite phone services, such as Iridium, do so to thwart this eventuality. When staying in unalterable be in the same league is notable, companies such as the Iridium lieutenant phone appointment are a good situation incidentally to go.
Predicament services: Agencies that provide crisis and humanitarian services in remote locations are turning to hanger-on phone benefit to certify their employee obtain unflagging correspond with with each other and their adept in offices. Since lieutenant phones can put up for sale practical worldwide coverage, they take measures a resonate infusion where the might be nothing else.
As technology marches foremost so too does the reliability and effectiveness of sidekick technology. Powering communications after control and industry, the lieutenant phone services provided by companies like Iridium are evolve into the make concessions profession gets done.
You can see my response to this new law as a Tennessee artist on my artist’s blog at http://dregstudiosart.blogspot.com/2011/07/potentially-offensive-portrait-governor.html with my portrait of our Governor Bill Haslam and his ravishing wife.
Is there a private cause of action….
What the hells is going on in the south these days. All these southern states passing laws to toss people in jail for talking, communication, working, looking like a foreigner. This has become a country of pussies and cry babies. It’s not America any more – it is a country of intolerant whiners. So if I send a picture of a cute little puppy and it invokes an emotional response, like joy then I can go to jail if it makes someone cry? Geez. What has this country become?
Are you lot in the US really descended from the group that rebelled against the king over a tea tax? What has happened since then that you will now tolerate gross violations of basic freedoms by your own legislators? This isn’t a republican / democrat issue. Both sides should be up in arms about such a clear violation of the constitution.
I am confident enough that if this law holds up, I’ll eat my copy of the official pocket version of the U.S. Constitution, including the personalized Alan Grayson bookmark that came with it.
Comments are closed.