An appeals court has struck down Texasโ€™ โ€œrevenge pornโ€ law, ruling that the statute is overly broad and violates the First Amendment.

The 2015 state law targets what author state Sen. Sylvia Garcia, D-Houston,ย called โ€œa very disturbing internet trendโ€ of posting a previous partner’s nude or semi-nude photos to the web without the partner’s permission, often with identifying information attached. Inspired in part by the testimony of Hollie Toups, a Southeast woman whose intimate photos were posted online, the law made posting private, intimate photos a misdemeanor, carrying a charge of up to a year in jail as well as a $4,000 fine.

The 12th Court of Appeals, based in Tyler, said the law is unconstitutional because of its broad-based content restrictions that infringe on free speech. The First Amendment, wrote Chief Justice James Worthen, usually prohibits โ€œcontent-basedโ€ restrictions.

The Texas Attorney Generalโ€™s Office will lead the fight to overturn the courtโ€™s rulingย โ€” an appeal which could make it to the stateโ€™s highest criminal court, the Austin American-Statesman reported. For now, the ruling only blocks the law in more than a dozen Northeast Texas counties under the 12th Court of Appeals, though courts elsewhere in the state would likely consider its reasoning.

The court also took issue with a provision of the law that allowed it to target third parties who may have โ€œunwittinglyโ€ shared intimate photos.

Dozens of other states have revenge porn laws, though they vary in scope and severity of punishment.

Wednesdayโ€™s ruling also asks a lower court to dismiss the charges Jordan Bartlett Jones, who was accused of posting an intimate photo of a woman without her consent. It was his case that put the law in front of the appeals court.

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Emma Platoff was a reporter at the Tribune from 2017 to 2021, most recently covering the law and its intersection with politics. A graduate of Yale University, Emma is the former managing editor of the...