And 46% think it’s a First Amendment violation. Yes, I support the ban. TikTok’s Communist China-based parent company has nine months to change hands or its time is up in the U.S. Tick-tock!
Sending or storing naked pictures? You might be breaking the law
People search sites scour public records to get information on you. This includes your full name, address, phone number, family history, police records, relationships, employment information and more. Tap or click here for instructions on removing your information from these invasive sites.
If you or someone else has ever taken a suggestive photo, that could also be floating around the internet. You must be very careful when sharing these.
It can get worse. Depending on where you live, sharing or even storing your most private photos, even with people you trust, can land you in legal trouble.
What is considered obscene?
According to Cornell Law’s Legal Information Institute, obscenity is a category of speech unprotected by the First Amendment.
Here’s what obscenity entails:
- Lewd, filthy or disgusting words or pictures.
- Indecent materials or depictions, unless they’re part of speech or artistic expressions (at which point there are still restrictions).
- Commercial pornography is protected by the First Amendment as long as it doesn’t break obscenity laws or depict minors.
Each state has its own laws governing obscene materials. U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if a given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include visual depictions, spoken words or written text.
Obscenity is one of the most controversial areas of First Amendment law.
RELATED: Simple ways to hide your risque or otherwise personal photos
How does this affect your private photos?
What you store on your phone or computer should be fine, but things can get murky once you share it with someone else or simply transfer it to another device. Even “sexting,” or sending lewd photos to someone, could get you in trouble.
As predicted, Elon Musk offers to buy Twitter in a hostile takeover attempt
The First Amendment to the U.S. Constitution forbids Congress from making any law that discriminates against any religion or restricts freedom of speech, freedom of the press, the right to assemble, or protest.
It’s often called upon in regards to social media. But platforms can ban or censor users at their discretion. The thing is that these platforms are not government entities and are not breaking any laws. Regardless, a new platform touts a focus on freedom of speech and is gaining followers fast. Tap or click here for our report on this Twitter alternative.
Elon Musk says Twitter fails on free speech - Now he's its largest shareholder
Your privacy is always at risk when you use social media. Even as companies add more options to protect your identity and information, you’re still putting it all out there.
Twitter forbids users from sharing other people’s personal details, and the platform recently added to that rule. You can no longer share photos and videos of others without their consent. Tap or click here for our report.
Why Parler is down and not expected to come back anytime soon
If you weren’t familiar with the social networking app Parler a few days ago, you probably at least know it by name now. Founded in 2018, it was launched as an alternative to other social media sites like Facebook and Twitter.
Parler: Your guide to the 'free speech' social network
Debates about free speech on the web are as old as the internet itself. But due to rapid changes in public discourse and opinion, not everyone is sure as to where free speech applies online.
Per the First Amendment to the U.S. Constitution, Congress shall make no law “…prohibiting the free exercise thereof; or abridging the freedom of speech.” Of course, this applies to the government making rules about speech, not businesses and the platforms they own. Tap or click here to explore a high-resolution digital edition of the U.S. Constitution.