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Antigone Books L.L.C. v. Horne

Closed Expands Expression

Key Details

  • Mode of Expression
    Books / Plays, Non-verbal Expression
  • Date of Decision
    July 10, 2015
  • Outcome
    Other, Law or Action Overturned or Deemed Unconstitutional
  • Case Number
    Case No. 2:14-cv-02100-PHX-SRB (D. Ariz. 2014)
  • Region & Country
    United States, North America
  • Judicial Body
    First Instance Court
  • Type of Law
    Criminal Law, Constitutional Law
  • Themes
    Indecency / Obscenity
  • Tags
    Content-Based Restriction, Censorship

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Case Analysis

Case Summary and Outcome

Arizona enacted a statute aimed at addressing “revenge porn” (porn that invades a person’s privacy and is often aimed at ‘getting even’ with a former significant other). After the American Civil Liberties Union and others brought suit, the state and the Plaintiffs reached a settlement enjoining enforcement of the statute as an unconstitutional infringement on free speech.


Facts

The American Civil Liberties Union (ACLU), joined by several other affected organizations, filed a lawsuit in September 2014, challenging the constitutionality of a law (Arizona Revised Statutes Section 13-1425) criminalizing the disclosure and display of a nude person or a person engaged in sexual activities. This law was aimed at culling “revenge porn” where people have been posting nude pictures of their former significant others in an effort to get back at them.


Decision Overview

On July 10, 2015, the Court approved a joint settlement between the parties which halts enforcement of the Arizona statute and awarded attorney fees to Plaintiffs.


Decision Direction

Quick Info

Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.

Expands Expression

This case expands expression by invalidating a law that criminalized the dissemination of nude pictures and pictures displaying sexual relations.

Global Perspective

Quick Info

Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.

Table of Authorities

National standards, law or jurisprudence

  • U.S., Arizona Rev. Stat. § 13-1425

    It is unlawful to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure.

Case Significance

Quick Info

Case significance refers to how influential the case is and how its significance changes over time.

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

Official Case Documents

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