You could also be charged for sharing an image of a woman's unclothed breast while she's feeding her infant, or for publishing images of the stripped Abu Ghraib prisoners piled inhumanely in a pyramid. There's even potential risk from publishing the latest nip-slip image of a celebrity suffering a wardrobe malfunction or caught in an ungraceful sprawl while exiting a taxi sans underwear.
That's essentially the argument in a lawsuit filed in Arizona today by the American Civil Liberties Union on behalf of a coalition of media groups, libertarians and others who are challenging the law on the constitutional grounds that it restricts free speech and freedom of the press protections guaranteed under the First Amendment. They also say it violates the Fifth and Fourteenth Amendments, and is "unconstitutionally vague" and "vastly overbroad" in reach.
"States can address malicious invasions of privacy without treading on free speech, with laws that are carefully tailored to address real harms. Arizona's is not," said Lee Rowland, staff attorney for the ACLU, in a statement.