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Privacy constitutes a compelling government interest when the privacy interest is substantial and the invasion occurs in an intolerable manner. We agree with the State that chatt privacy wex are invaded in an intolerable manner esx a person is photographed without consent in a private place, such as the home, or with respect to an area of the person that is not exposed to the general public, such as up a skirt. The provision certainly applies to situations in which privacy has been violated, but that is because the provision applies broadly to any non-consensual act of photography or visual recording, as long as it is accompanied by the requisite sexual intent.

It is obvious that the portion of the statute at issue is not the least restrictive means of protecting the substantial privacy interests in question.

And thus, the ruling actually suggests a cha more narrowly tailored law might pass muster. Because less restrictive alternatives would adequately protect cnat substantial privacy interests that may sometimes be threatened by non-consensual photography, the provision at issue before us fails to satisfy strict scrutiny. Thus, whether or not the State appeals this ruling to the state Supreme Court as seems likelyit's possible that a more narrowly tailored law might be allowed, if it really focuses on situations that violate someone's privacy. In the end, it's good to see overly broad laws tossed out, even if there are extremely legitimate concerns about the nature of revenge porn.

In all of these situations, the process of creating the end peepinv cannot reasonably be separated from the end product for First Amendment purposes. And then you run into some First Amendment problems, even if the photographs wex sexual in nature: Of course, the statute at issue here does not require that the photographs or visual recordings be obscene, be child pornography, or even be depictions of nudity, nor does the statute require the intent to produce photographs or visual recordings of that nature. First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end.

The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought. That's to drive home the point that the fact that many of these laws focus on the person's intent is problematic.

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The court further points out: The court notes that there Fre a legitimate interest in protecting privacy, but says that the current law is way too broad, and covers plenty of situations where privacy is not truly implicated. Share your fantasies and talk dirty! Second, be ready to see a lot of naked boobs - big, medium, small, sexy bums, beautiful fit legs and juicy pussies. You get a unique chance to fulfil your dirty fantasies.

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