U.S. Judge Blocks Enforcement of Ariz. 'Revenge Porn' Law

PHOENIX — A federal judge on Wednesday blocked from enforcement Arizona's new "revenge porn" law, which threatens criminal prosecution for posting and reposting content online without explicit consent and has been described as "vastly overbroad in its reach" by its opponents.

The order from U.S. District Judge Susan Bolton was part of an agreement between the Arizona attorney general's office and the groups that sued, including the American Civil Liberties Union, several book stores and alternative weeklies. 

Bolton's order blocks enforcement of the law to allow the Legislature time to work on changes to Arizona Revised Statutes Section 13-1425, which was passed into law in April.

The preliminary injunction is in effect until the governor signs a new version of the bill, or until the Legislature adjourns in late spring.

The ACLU sued in September, claiming the law violates the 1st Amendment and is so broadly written it makes anyone distributing or displaying a nude image without explicit permission guilty of a felony.

"It is not limited to disclosures motivated by revenge; in fact, the motive of the person making the disclosure is irrelevant under the law," the ACLU said in is original complaint. "Nor is the law limited to pornography or obscene images.

The ACLU also said that the Arizona law also creates criminal liability for negligent speech.

"A person who displays a restricted image risks criminal prosecution based on an allegation that he or she 'should have known' that there was no consent," the ACLU said. "Thus, a person who finds and reposts a restricted image online could be prosecuted on the grounds that the person 'should have known' that the depicted person did not consent; the 're-poster' would have the same criminal liability as a knowing privacy invader who posted the original image without consent."

Adult entertainment industry attorney Lawrence Walters told XBIZ on Friday that Bolton's order is consistent with what he predicted "when these first knee-jerk laws were first passed."

"Some lawmakers get worked up about a problem that requires surgical constitutional precision to address but end up using a jackhammer, instead, by imposing broad criminal penalties for engaging in expressive activity," Walters said. "Revenge porn is a problem that needs a nuanced legislative approach. Often the posters of these images have no idea that they were first created or published without the consent of the person depicted. Appropriate First Amendment protections need to be built into these statutes, or they will end up in the dust bin, like this Arizona statute.  

"I'm not convinced this activity warrants new criminal prohibitions in the first place. Laws that impose significant civil liability such as statutory damages and attorneys fees may be sufficient to motivate trial lawyers to take on the bulk of the enforcement burden" 

ACLU's

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More