[Libs-Or] INFORMATION ; Re: [ftrf-l] FTRF files suit against Arizona nude image law

Diedre Conkling diedre08 at gmail.com
Wed Sep 24 15:22:27 PDT 2014

 On 9/24/2014 5:41 PM, Jonathan Kelley wrote:

 FTRF files suit against Arizona nude image law

Yesterday, the Freedom to Read Foundation joined several other
organizations and bookstores in filing a lawsuit in federal court against
Arizona House Bill 2515, which makes it a felony "to intentionally
disclose, display, distribute, publish, advertise, or offer a photograph,
viodeotape, film or digital recording of another person in a state of
nudity or engaged in specific sexual activities if the person knows or
should have known that the depicted person has not consented to the

The suit asserts that the law violates the First Amendment, in that it is
overbroad, vague, not narrowly tailored to achieve its stated goal, and is
a content-based restriction on constitutionally protected speech.  Read the
full complaint here.

The law, whose putative target is "revenge porn" (that is, the malicious
online posting of explicit photos by aggrieved ex-lovers), in fact cuts a
much broader swath: the complaint lists a number of every day situations in
which libraries, booksellers, journalists, artists, and others could be
prosecuted for distribution of protected speech that is historic,
educational, artistic, and/or newsworthy in nature.

The suit, *Antigone Books v. Horne*, was coordinated by Media Coalition and
the ACLU.  Media Coalition has created a wonderful Q&A
<http://mediacoalition.org/antigone-books-v-horne/> that explains the case
and discusses the reasons for the lawsuit and the law's problematic reach.
Included in that is this, specifically regarding the concerns of librarians:

Q7: What can booksellers and librarians do to comply with the law?
A: The threat of going to prison means every bookseller and librarian is
responsible for every book, magazine newspaper and video they carry. To
follow the law, they would have to review each picture in every book and
magazine they carry, which would be an almost impossible task. They would
also have to determine whether each picture violates the law, without
knowing the circumstances surrounding each photograph. Many booksellers and
librarians will decline to carry material that includes nude images, rather
than risk prosecution, even though they have a constitutional right to sell
this material.

The law also affects their customers and patrons. If booksellers and
librarians are forced to remove any material that includes a nude photo,
customers and patrons are deprived of their right to purchase and borrow
these materials. That means you would not be able to purchase an issue of
National Geographic at the bookstore and you won’t be able to borrow art
books that include nude images from the library.

The ACLU also has an excellent blog post
plaintiffs' objections to the law.  There has been extensive media coverage
already of this case:

·         KVOA (NBC affiliate in Tucson): ACLU, local booksellers, file
federal lawsuit against ‘revenge porn’ law

·         New York Times: ACLU Sues Over Arizona ‘Revenge Porn’ Bill

·         WIRED: Arizona’s Law Against Revenge Porn: Nice Try, But It Makes
All Nudes Illegal

Joining FTRF as plaintiffs are five Arizona booksellers (including Antigone
Books), the American Booksellers Foundation for Free Expression, the
Association of American Publishers, the National Press Photographers
Association, and Voice Media Group, publisher of the Phoenix New Times and
other alternative newspapers.


Jonathan Kelley

Program Officer

Freedom to Read Foundation <http://www.ftrf.org/>

50 E. Huron St.

Chicago, IL  60611

(312) 280-4226

(800) 545-2433 x4226 (toll-free)

(312) 280-4227 (fax)

jokelley at ala.org

Follow FTRF on Twitter <http://www.twitter.com/ftrf>

*Diedre Conkling*

*Lincoln County Library DistrictP.O. Box 2027Newport, OR 97365Phone & Fax:
541-265-3066Work email**: **diedre at lincolncolibrarydist.org*
<diedre at lincolncolibrarydist.org>
*Home email: **diedre08 at gmail.com* <diedre08 at gmail.com>

 “If you don't like something, change it. If you can't change it, change
your attitude.”―Maya Angelou
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