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. A Tyler, Texas court recently struck the law as violating the First Amendment.
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
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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.
End of online privacy?
According to a recent article published by Heatstreet, "The BBC has threatened to notify the boss of anyone who leaves content which it considers 'offensive' on any of its websites. The latest version of the Corporation’s privacy policy includes sweeping powers to investigate users it doesn’t like and report them to their employer."
This development highlights the need of consumers to be vigilant in monitoring privacy policies of online businesses. Read more here.
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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.
Keeping your Facebook out of your employer's hands
What would you do if your employer asked for your Facebook password? The scenario is growing increasingly common, with reports of employers and even interviewers requesting Facebook passwords, as a condition of employment. Some universities and schools have also joined in this process, requiring students to turn over user names and passwords or allow the institution to view private content through “friending.”
With the looming threat on individual privacy, several states have taken steps to ban employers from requiring employees, contractors, and job candidates to reveal social media passwords. Additionally, the Password Protection Act of 2012 (“PPA”) and the Social Networking Online Protection Act (“SNOPA”) have recently been introduced at the Federal level. Read More.
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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.
Do students have free speech rights at school? Can schools force students to divulge passwords?
The ACLU has filed suit against a Minnesota school district on behalf of a 12-year old student over two separate instances involving Facebook.
The ACLU alleges that the student’s First Amendment Rights were violated when she was punished for posting her dislike of a school staff member on Facebook. She was assigned detention and required to write an apology to the staff member. She then received in-school suspension and was barred from a school field trip when she subsequently cursed in a Facebook post and complained that someone had reported her to the school.
It is further alleged that the student’s Fourth Amendment Rights were violated when she was forced to divulge her Facebook and email user name and passwords. While the activity of the school is precisely the type that pending legislation seeks to abolish, the outcome of this case could provide noteworthy guidelines for both students and school officials. Read More.
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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.
Record setting fine to be assessed against Google
In 2012, the Federal Trade Commission (“FTC”) and Google are close to finalizing a deal in which Google would pay a $22.5 Million fine for circumventing the privacy settings for some of its users. The issue focuses around Google’s exploitation of a loophole in the privacy settings of Apple’s Safari Internet browser. Read More.
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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.