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Unintentionally posting a “distressing image” could cost you jail time

It seems Republican governor Bill Haslam has once again put the state of Tennessee in the headlines. Effective July 1st, publishing what is considered to be a ‘distressing image’ online, could land offending residents up to one year in jail and $2500 in fines. All it takes is the image in question to be deemed as frightening, intimidating or emotionally distressing by the victim. The bill was passed on May 18th and is an amendment to a previous law that made it illegal to harass, or cause emotional distress via email, direct contact and telephone.

Named House Bill 300 , it now amends the previous legislation – relative to harassment – to include the “transmission or displaying of an image with a reasonable expectation that it could be viewed by the victim and without legitimate purpose.” The law was amended to incorporate the free-for-all conduct on the Internet, with a dedicated subsection that defines social networks or online communities.

So here is what could happen: let’s say you post an image of what you consider to be a funny pic and someone accidentally lands on it and finds it “emotionally distressing” even though you had no intention of that person seeing it. HB 300 is drafted in such a way that if a court of law deems that you “should have known better,” the state can prosecute you the fullest extent of the law which includes jail time.

According to The Volokh conspiracy , a U.S. based blog run by mostly law professors, considers the law pretty much unconstitutional and even sites other examples of how broad this law really is:

Funny pic in Post of Weiner bringing cheap flowers home from ...

The Natural store is definitely not a bodega. Bodegas don't sell organic fruits, vegetables and other products. Bodegas don't have the vast and diverse selection of natural products that are sold at Natural.

As for Weiner, the local media really needs to move on. Most people have moved on and are not interested in reports about Weiner's daily mundane routine.

Some genius expert in the Post article mentioned that he could have ordered from a florist. True enough. And how does that expert know that he hasn't? For that matter, how does that expert, the post reporter or anyone else for that matter know who the flowers were for--ok, no jokes here, I don't mean one of the women he was sexting with. For all we know, he or he and Huma were going to a friend's and he was picking up something to bring along. Must have been a slow news day if the post had one of their photographers or a stringer staking out Weiner.

If you look at the story--it came from iPad and not a Post reporter. Bryan Bedder, the photog cedited is from Getty images--a pap --not the NY Post. Unless there is a special occasion, a dozen expensive roses would have been phony. Huma works in Washington, may be coming to NY for a day or so--and a few bright flowers were just fine. And he shops locally. The flowers at Natural may be "inexpensive" but they are of better quality then those sold at the bodega across the street and other local Korean markets

The local news tonight was outside his office. They stripped the name off his door in D.C. I am sure we will be seeing much more of both of them around the neighborhood. He lost his assistant who functioned mainly as his driver. Ofter times on the way to the Lirr, I would see the car waiting and him hop in. He also has a car. I hear he is staying put in Forest Hills Gardens for now. She will probably be going on maternity leave very soon since she would not be able to work latter into a pregnancy with extensive air travel. They will actually be forced to live together for the time being as most couples do. Good thing its a 2 bedroom.

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