The Down Range Forum
Member Section => Down Range Cafe => Topic started by: philw on June 08, 2011, 08:18:31 PM
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http://arstechnica.com/tech-policy/news/2011/06/tenn-law-bans-posting-images-that-cause-emotional-distress.ars
Tenn. law bans posting images that "cause emotional distress"
A new Tennessee law 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 Tennessee legislature has been busy updating its laws for the Internet age, and not always for the better. Last week we reported on a bill that updated Tennessee's theft-of-service laws to include "subscription entertainment services" like Netflix.
The ban on distressing images, which was signed by Gov. Bill Haslam last week, is also an update to existing law. Tennessee law already made it a crime to make phone calls, send emails, or otherwise communicate directly with someone in a manner the sender "reasonably should know" would "cause emotional distress" to the recipient. If the communciation lacked a "legitimate purpose," the sender faced jail time.
The new legislation adds images to the list of communications that can trigger criminal liability. But for image postings, the "emotionally distressed" individual need not be the intended recipient. Anyone who sees the image is a potential victim. If a court decides you "should have known" that an image you posted would be upsetting to someone who sees it, you could face months in prison and thousands of dollars in fines.
If you think that sounds unconstitutional, you're not alone. In a blog post, constitutional scholar Eugene Volokh points out just how broad the legislation is. The law doesn't require that the picture be of the "victim," nor would the government need to prove that you intended the image to be distressing. Volokh points out that a wide variety of images, "pictures of Mohammed, or blasphemous jokes about Jesus Christ, or harsh cartoon insults of some political group," could “cause emotional distress to a similarly situated person of reasonable sensibilities,” triggering liability. He calls the bill "pretty clearly unconstitutional."
Another provision of the legislation governs law enforcement access to the contents of communications on social networking sites. The government can get access to "images or communications" posted to a social networking site by offering "specific and articulable facts," suggesting that the information sought is "relevant and material to an ongoing criminal investigation."
This section, too, faces constitutional problems. Julian Sanchez, a privacy scholar at the Cato Institute, tells Ars that "this is a lower standard than the federal Electronic Communications Privacy Act requires" for unread communications. More importantly, because Tennessee is in the Sixth Circuit, it is bound by that court's Warshak decision, which held that the Fourth Amendment requires the government to obtain a full search warrant in order to access e-mail communications. "That case dealt with e-mail," Sanchez said, "but there's no good reason to think a private message on a social network site is any different."
Rep. Charles Curtiss, the lead sponsor of the legislation, did not respond to our request for comment.
the only solution I can see is to have 1 part concrete and 2 parts sand mix with hot water and take you HTFU medicine
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I'll give this ten minutes before the ACLU bitch slaps them.
FQ13
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The non-stop advertisements all over the internet really P!$$ ME OFF!!! So that means they're going to get rid of them all now!?! ;)
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Does that mean no more H. Clinton or N. Pelosi photos ;D
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Does that mean no more H. Clinton or N. Pelosi photos ;D
Lord, Red will will doing life without parole for her "motivation" posters. ;D
FQ13
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Lord, Red will will doing life without parole for her "motivation" posters. ;D
FQ13
You're still a tool, but damn - that's funny right there! ;D
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You mean like this phil?
A new Tennessee law 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.
(http://www.sarcasticmyspace.com/graphics/blakkfrogg/comments7/pics_big-ass-thong.jpg)
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OH GOD! MY EYES!!!!!
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Hope this isn't too late!
(http://i950.photobucket.com/albums/ad348/vbarbour/To%20Be%20Linked/Brook8.jpg)
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Does that mean if I post a picture of a 1911 in here I'll be doing time in a Tennessee jail if Sarah Brady happens to check out this board?
(http://3.bp.blogspot.com/_D3aQrbHeRPc/TFldv8YQFTI/AAAAAAAACi8/Q4GQ_oqMyys/s1600/bullshit.jpg)
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Does that mean if I post a picture of a 1911 in here I'll be doing time in a Tennessee jail if Sarah Brady happens to check out this board?
(http://3.bp.blogspot.com/_D3aQrbHeRPc/TFldv8YQFTI/AAAAAAAACi8/Q4GQ_oqMyys/s1600/bullshit.jpg)
no but if you post nudes of Sarah Brady, you will see a 1911. not from the end you want to see it from, but you will see it.
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Hope this isn't too late!
(http://i950.photobucket.com/albums/ad348/vbarbour/To%20Be%20Linked/Brook8.jpg)
Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhh, bleach to cleanse the soiled eyes ;D
Thank God I have reached the point in life that each new bit of information replaces an old one.
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you clearly have not seen 2 girls 1 cup.
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Not to mention the two men one horse site. That's just rong.
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Hope this isn't too late!
(http://i950.photobucket.com/albums/ad348/vbarbour/To%20Be%20Linked/Brook8.jpg)
Quit trying to distract me guys! I'm doing the best I can to protect my long term memory!
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Lord, Red will will doing life without parole for her "motivation" posters. ;D
FQ13
Then I should post something really good to make it worthwhile ;D ;D
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Then I should post something really good to make it worthwhile ;D ;D
NO!! ,Please for the love of God and all that is Holy Don't do it!!
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Not to mention the two men one horse site. That's just rong.
roflmao I had forgotten about that. No dont google it anyone! please dont!
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roflmao I had forgotten about that. No dont google it anyone! please dont!
And for once, I'm going to take that advice. I must be getting older, because I think a little bit of wisdom has sunk in. ;)
FQ13 who might just be scared of anything associated with Red.
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roflmao I had forgotten about that. No dont google it anyone! please dont!
Yeeeeaaaah. Just the fact that there's no mention of women involoved. And it MIGHT have sexual content...
The "cup" video left enough of an impression on me to never need to see "The exotic" again! :(
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FQ13 who might just be scared of anything associated with Red.
Just scared?!!, not curious or intrigued?? lol
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Just scared?!!, not curious or intrigued?? lol
I love you Red, but you are the equivilent of Lucy with the football when it comes to posts. "Oh c'mon, take a look at this poster, this one's of a really hot woman, I promise its different than the others". ;D Sorry, I'm sticking with scared.
FQ13
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I love you Red, but you are the equivilent of Lucy with the football when it comes to posts. "Oh c'mon, take a look at this poster, this one's of a really hot woman, I promise its different than the others". ;D Sorry, I'm sticking with scared.
FQ13
It's not so bad if you look with only one eye open and squint real tight with that one ;D
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It's not so bad if you look with only one eye open and squint real tight with that one ;D
I am betting after that horse finished with the fella in the video he squinted too roflmao.
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I am betting after that horse finished with the fella in the video he squinted too roflmao.
That's getting close to Too Much Information and no, I'm NOT looking it up! :P
I'm heeding Ichi's advice on this one too...