Jump to navigation Skip navigation. You can help us fight back — and win. An Arizona law passed during the state's legislative session criminalizes the display, publication, and sale of images fully protected by the First Amendment. LLP filed a lawsuit challenging the constitutionality of the law. The law makes it a crime to "intentionally disclose, display, distribute, publish, advertise, or offer a photograph" or other image of "another person in a state of nudity or engaged in specific sexual activities" if the person "knows or should have known" that the person depicted has not consented to "the disclosure. Our clients include booksellers, book and newspaper publishers, librarians, photographers, content providers, and associations representing them. They all offer, display, and sell a broad range of material protected by the First Amendment, including artistic, historical, and newsworthy materials. The law was passed with the intention of combating "revenge porn," a term popularly understood to describe a person knowingly and maliciously posting an identifiable, private image online with the intent and effect of harming an ex-lover.
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Jump to navigation Skip navigation. A bookseller who sells a history book containing an iconic image such as the Pulitzer Prize-winning photograph "Napalm Girl," the unclothed Vietnamese girl running from a napalm attack, could be prosecuted under this law. A library lending a photo book about breast feeding to a new mother, a newspaper publishing pictures of abuse at the Abu Ghraib prison, or a newsweekly running a story about a local art show could all be convicted of a felony. How am I supposed to know whether the subjects of these photos gave their permission? But the law, Arizona Revised Statutes Section , criminalizes far more than these offensive acts. A prosecutor need not prove that the person publishing the photograph intended to harm the person depicted. Likewise, a person who shares a photograph can be convicted of a felony even if the person depicted had no expectation of privacy in the image and suffered no harm. The law applies even when the person in the picture is not recognizable.
The judge approved a jointly agreed upon settlement between the Arizona attorney general and a coalition of Arizona booksellers, book and newspaper publishers, librarians, and photographers, who filed a lawsuit challenging the law. The order resolves all claims in the lawsuit Antigone Books v. The statute could have led to the conviction of someone posting a nude photo with no intent to harm the person depicted. Likewise, a person sharing a photograph could have been charged with a felony even if the subject depicted had no expectation that the image would be kept private and suffered no harm. As a result, the law applied to any person selling a nude image, no matter how newsworthy, artistic, educational, or historic. The American Booksellers Association, a national not-for-profit trade organization, works with booksellers and industry partners to ensure the success and profitability of independently owned book retailers, and to assist in expanding the community of the book. Independent bookstores act as community anchors; they serve a unique role in promoting the open exchange of ideas, enriching the cultural life of communities, and creating economically vibrant neighborhoods. Copyright American Booksellers Association. BookWeb is a registered trademark of ABA. Submit site feedback.
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