ITEM: Aaaaaaaaaaaaaaaaaaaand while I was typing up that last post, I learned that Tennessee also amended another law that makes it
illegal to "transmit or display an image" online that is likely to "frighten, intimidate or cause emotional distress" to someone who sees it.
THAT law is the result of updating an existing TN law that makes it a crime to make phone calls, send emails, or otherwise communicate directly with someone in a way the sender "reasonably should know" would "cause emotional distress" to the recipient, provided there’s no “legitimate purpose” in doing so. The law now includes online images.
The catch:
But for image postings, the "emotionally distressed" individual need not be the intended recipient. Anyone who sees the image is a potential victim. If a court decides you "should have known" that an image you posted would be upsetting to someone who sees it, you could face months in prison and thousands of dollars in fines.
In other words, if you post (say) a picture of Jesus buttsecksing a giraffe on Facebook and anyone sees it and finds it offensive enough to call the cops, you get to go to jail, whether you intended to offend them or not. Eugene Volokh has a
good summary of the First Amendment issues this raises.
Anyway, the TN legislature is really on a roll this year, eh?
My Republican friends, of course, assure me this is no big deal, and that it will only ever be used in cases like whatever specific instance inspired it, because Republicans thought of it and they’re all about small, responsible govt, so what harm could possibly come of it, and why is the media making such a big deal about nothing?
Which is a relief, because I was worried for a second there that lawyers who specialize in finding people to sue for emotional distress – in this day and age where just about anything is offensive to at least five people somewhere in America – might exploit this law to beef up their business. Good to know that could never happen.
Offense is the best defense,
This is dF