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Justice Cathy Cochran wrote in her 2013 ruling that the law "may protect children from suspected sexual predators before they ever express any intent to commit illegal sexual acts, but it prohibits the dissemination of a vast array of constitutionally protected speech and materials." She said the law was so broad it criminalized constitutionally protected free speech like Miley Cyrus "twerking" on MTV or Janet Jackson's infamous "wardrobe malfunction." The ruling said the 2005 law makes illegal a "whole cornucopia of titillating talk or dirty talk" but would also outlaw online discussions of other sexually explicit content including famous works like "Lolita" "50 Shades of Grey" "Lady Chatterly's Lover" and Shakespeare's "Troilus and Cressida." The ruling meant that soliciting a person under the age of 17 for sex remains illegal, but talking dirty with a child is protected by the U. Alan Curry, chief of the Harris County District Attorney's appellate division, helped write the new statute and said it should pass constitutional muster.
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Seven men convicted of talking dirty to minors on the internet, including five from Harris County, will be freed from prison and have their convictions erased, the state's highest court has ruled.
The action, handed down Wednesday by the Texas Court of Criminal Appeals, is the result of a 2013 appeal that resulted in a precedent setting decision striking down a 2005 state law that banned adults from sexually explicit online communication with children. Constitution is supposed to protect us from what state legislatures do," said Mark Bennett, the attorney who argued the landmark case at the appellate level.
The Court of Appeals ruled that a section of that law was so broad it was unconstitutional. He said the 2013 decision could see scores of people across the state freed and cleared.
These seven, one of who was sentenced to life in prison, are the first ones. After that decision was handed down, a new law that was more narrowly tailored was passed by the Texas legislature.
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