Privacy Darin M. Klemchuk Privacy Darin M. Klemchuk

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

-----

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.

Read More
Social Media Law, Free Speech Darin M. Klemchuk Social Media Law, Free Speech Darin M. Klemchuk

Consequences for social media at work?

With social media becoming an increasingly substantial part of normal day to day operations, the line between an individual’s personal, private social media profile or blog and the individual’s work life has blurred. More and more, reports of employers disciplining or terminating employees based on the employee’s Facebook posts or pictures, Tweets or blog posts.

Natalie Munroe, a Pennsylvania teacher, filed suit against the school district from which she was fired for violating her right to free speech. Although the school board cites performance difficulties as the trigger for Munroe’s termination, her firing and subsequent lawsuit follow a long controversy between Munroe and the school district over her blog “Where Are We Going & Why Are We in this Hand Basket.”  Read More.

-----

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. 

Read More
Privacy, Social Media Law Darin M. Klemchuk Privacy, Social Media Law Darin M. Klemchuk

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.

-----

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. 

Read More