TN taking cue from the UK? Causing emotional distress is now illegal

[Schadenfroh]

http://arstechnica.com/tech-policy/...ting-images-that-cause-emotional-distress.ars

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 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.

Looks like the government wants your Facebook page's private parts:

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."

While I agree with many of the reforms Haslam passed, this one is, IMO, unconstitutional, unless you use the argument "you cannot yell fire in a crowded theater."

I guess those of us in TN are no longer allowed to post pictures of Muhammad, Klan, Black Panthers, Goatse, terrorists attacks, anything from 4chan, etc. So, I will have to refrain from posting the "usual" photos in the lifer private subforum here on AT.

Hope the courts strike this one down, but we have already shit all over the constitution with other laws, so unlikely.

 

[Jaskalas]

Sounds like I should move to TN and intentionally decide to be 'emotionally distressed' by anything someone says. Think the law will allow me to rake in millions in damages?

When we illegalize broad generalizations that apply to everyone doing anything, then we can pick and choose who to enforce it against. Such a law has no basis in reality other than intending to incite selective targeting of people we don't like.

Equal protection becomes a relic of the past under modern society and its abuse of power.

 

[SpatiallyAware]

I'm emotionally distressed by that law.

 

[Atreus21]

I'm emotionally distressed by that law.

Yes. The image of the text that the OP posted is pissing me off.

You're going to jail, OP.

 

[Macamus Prime]

Ah - another example of how government needs to stay out of the average American's life, but said government MUST enforce rules and laws on issues that are offfensive to others.

Denying a human being health care; it's just dandy.
Post a sexy picture; its offense and needs to be removed.

American sure has it's priorities pretty fucking screwed up. The most vocal (and contradictory) groups seems to be getting what they want; an America where everything is OK, as long as everyone acts like those who would be offended by sexy pictures.

 

[rudder]

OP you are going to jail... your avatar distresses me. I would like to know where Tennessee is going to get the money to defend all these cases in Federal court. The legislature is coming up with some stupid crap. The republicans finally have full control of the state government... but I don't think they will be able to keep it past the next election.

 

[spidey07]

I can't see how this is constitutional at all. Stupid idea.

 

[ShawnD1]

Sounds like the law was for prank calls. Calling people and saying stuff like "your husband is dead" is for the sake of causing emotional distress, so they made that illegal. The law has good intentions but this will probably be used incorrectly and people will be fined for random things. There's a radical difference between the shock caused by goatse and the shock caused by hearing that your husband may be dead.

 

[Schadenfroh]

Post a sexy picture; its offense and needs to be removed.

Sounds more like it is meant to prevent racist photoshops, internet shock sites, extreme violence and snuff media from being hosted in TN as the bill enumerates images that intimidate, frighten and/or cause distress. People here in East TN (where Haslam is from) are pretty open about sexuality, there are tons of sex shops around here, along with large billboards advertising their goods.

This also now means that posting a picture of Obama photoshopped to look like an ape (in a manner similar to how Bush was portrayed) is now illegal, I believe many here were calling for blood when those images surfaced.

That being said, I must watch my posting style as rudder, dali71, werepossum, myself and the rest of AT TN crew now have a legal weapon to use against one another. :-o

Truce, guys?

ahahaha

 

[MotF Bane]

Seeing Haslam's face causes me distress. Throw him in jail.

 

[woolfe9999]

This will get thrown out by some court somewhere.

 

[Munky]

I'm tired of this politically-correct-heaven-forbid-you-offend-anyone ignorance. We have a right to free speech. We do not have a right to never be offended by anyone.

 

[Deleted member 4644]

terribad law.

 

[BeauJangles]

This will get thrown out by some court somewhere.

Yup. Similar laws have been struck down in states before.

 

[HAL9000]

That's bloody stupid, who gets to decide what is emotionally distressing?

 

[rudder]

Sounds more like it is meant to prevent racist photoshops, internet shock sites, extreme violence and snuff media from being hosted in TN as the bill enumerates images that intimidate, frighten and/or cause distress. People here in East TN (where Haslam is from) are pretty open about sexuality, there are tons of sex shops around here, along with large billboards advertising their goods.

This also now means that posting a picture of Obama photoshopped to look like an ape (in a manner similar to how Bush was portrayed) is now illegal, I believe many here were calling for blood when those images surfaced.

That being said, I must watch my posting style as rudder, werepossum, myself and the rest of AT TN crew now have a legal weapon to use against one another. :-o

Truce, guys?

ahahaha

Your avatar still scares me.

Regarding those pictures you mentioned... how does one decide what is a parody and what is meant to cause distress? I mean I can tell by looking at an obama-ape picture and surmise that it was meant in a harmful manner. However, the supreme court has ruled that parodies are considered "fair use." Remember Hustler vs. Jerry Falwell. hustler won after falwell sued because of parodies and the court said no reasonable person would assume those parodies as factual.

Knowing the TN legislature I know there is likely no text withing the law that makes that distinction between something meant as a parody and something hurtful.

 

[dali71]

I did not vote for this shit.

 

[davmat787]

That's bloody stupid, who gets to decide what is emotionally distressing?

This same question has been posed to you countless times on the hate speech issue. Do you see any parallel here with your question?

 

[HAL9000]

This same question has been posed to you countless times on the hate speech issue. Do you see any parallel here with your question?

Hate speech is definable, absolute and obvious to everyone.

What affects an individuals emotions changes from person to person.

 

[ShawnD1]

This same question has been posed to you countless times on the hate speech issue. Do you see any parallel here with your question?

ok new rule, it's hate speech if it emotionally distresses me

All democrats are guilty of hate speech because they want abortions (hate against babbies)
All republicans are guilty of hate speech because they want abortions to be illegal (hate against women)
Everyone goes to jail, everyone has teh buttsex.

 

[DominionSeraph]

And so facts become illegal in Tennessee. (given how conservatives become emotionally uncomfortable when faced with them)

 

[Fern]

I suspect this law may be well intentioned. I'm thinking of the type of cases where people have used the internet to harrasss kids. There was the woman who harrassed some neighbor kid until she committed suicide. Then there was the case of some man who posted info a little girl who had drawn on his driveway with chalk, he posted up her personal info on pedophile sites. Law enforcement seemed to lack the neccessary tools to punish these idiots.

I suppose this law is to remedy that. But if it withstands court challenges we'll have to see how they actually use it/enforce it.

Fern

 

[DominionSeraph]

 

[Jaskalas]

I suspect this law may be well intentioned.

I don't care why they wrote it, the law as it stands is a generalized attack on civil rights.

 

[ShawnD1]

Shens. If you let your kid get that fat and don't have a valid medical reason (ie thyroid is fucked), it's your fault, not 4chan's fault.