I was not a little shocked to see
Mary Anne Franks make a terrifically disingenuous argument about
Arizona's recently overturned, insanely broad revenge porn law:
But the American Civil Liberties Union sued in September, arguing House
Bill 2515 was so broad it made anyone who distributes or displays a nude
image without explicit permission guilty of a felony. U.S. District
Judge Susan Bolton issued an order putting the law on hold in November
as part of an agreement between the Arizona attorney general's office
and the groups that sued. The order blocks enforcement of the law to
allow the Legislature time to work on changes.
The ACLU sued on behalf of several bookstores and publishing
associations, the owner of the Village Voice and 12 other alternative
newsweeklies nationwide, and the National Press Photographers
Association.
The groups sent Mesnard and legislative leaders a letter early this
month suggesting changes to the law to address its concerns that the law
was overly broad. They said, for instance, that the law would make it a
felony to publish a book containing a Pulitzer Prize-winning Vietnam
war photo of a burned and nude little girl running from her bombed
village.
As Mark W. Bennett writes,
The argument is either ignorant or dishonest. Franks doesn’t get to plead ignorance here. She knows the argument is dishonest and she makes it anyway.
This strikes me as a constant with many feminist lawyers, as for example the
horrible Alexandra Brodsky essay that dispenses with due process by substituting a totalitarian and ironic "fair process". Brodsky is presumably conversant enough with the law that she should know the difference — or perhaps does and doesn't care. Similar issues hold with
Russlyn Ali and her
"Dear Colleague" letter (PDF). It reminds one of nothing so much as the awful, complex question, "When did you stop beating your wife?" The ends are what is important; the means, not so much.
No comments:
Post a Comment