At least video games are off the hook in the latest well-meaning, but supremely misguided attempt by American politicians to legislate right over protected speech, or in this case image sharing over the Internet in the state of Tennessee. Offenders who “transmit or display an image” online that could “frighten, intimidate or cause emotional distress” can find themselves at the receiving end of a hefty fine, or even jail time. So, even if the image turns up in a Google search, the poster is responsible and ripe for a lawsuit.
The Implications of the New Law
The implications of this new law are far-reaching and deeply concerning. The vague language used in the legislation means that almost any image could potentially be deemed distressing by someone. This opens the door to a myriad of legal challenges and could lead to a chilling effect on free speech. For instance, a political cartoon that criticizes a public figure could be considered intimidating or distressing to some viewers. Similarly, images used in news reporting that depict violence or tragedy could also fall under this law’s purview, potentially hindering the media’s ability to report on important issues.
The same law also seeks to make the contents of your social networking inbox available to law enforcement without a warrant, a proposition that seems a lot less far-fetched ever since the PATRIOT act was extended. This aspect of the law raises significant privacy concerns. The idea that law enforcement could access private communications without judicial oversight is a direct challenge to the Fourth Amendment, which protects against unreasonable searches and seizures.
Constitutional Challenges
The ban on distressing images has been signed into law by Tennessee Governor Bill Haslam, so it’s pretty much official, at least for the couple of weeks it will take for people who, unlike their elected officials, actually have some familiarity with their country’s constitution, to have it struck down. Legal experts and civil rights organizations are already gearing up to challenge the law in court. They argue that it violates the First Amendment, which guarantees freedom of speech and expression. The Supreme Court has consistently held that speech cannot be restricted simply because it is offensive or causes emotional distress.
Moreover, the law’s enforcement could be highly problematic. Determining what constitutes an image that could “frighten, intimidate or cause emotional distress” is inherently subjective. This subjectivity could lead to inconsistent application of the law, where some individuals are prosecuted while others are not, based on arbitrary criteria.
In addition to the constitutional issues, there are practical concerns about how this law will be enforced. The internet is a vast and constantly changing landscape, making it nearly impossible to monitor all image sharing. The resources required to enforce such a law would be enormous, and it is doubtful that it would be effective in achieving its intended goals.
In conclusion, while the intention behind the law may be to protect individuals from harmful content, its execution is fraught with issues. The vague language, potential for abuse, and constitutional challenges make it a deeply flawed piece of legislation. It is likely that the courts will strike it down, but not before it causes significant concern and confusion among internet users in Tennessee.
Source Techdirt.com
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