Are Dicks Protected Speech? Film At 11.

Some of you may have heard that the Lone Star State recently enacted a law criminalizing the unsolicited sending of nude photographs (i.e. dickpics).  While I generally don't object to the law, Eastern Texas criminal defense lawyer Don Flanary wants the government to stay out of his crotch.

According to Flanary, the law is overbroad because it bans "electronic transmission of sexually explicit visual material" and, thus, infringes on free speech:

“Every movie that you’ve ever seen – it may have sexual connotations. It may even be nudity in an R-rated movie. That’s artistic. That’s protected under the First Amendment. So you can’t ban it. Just like they can’t ban your R-rated movies, they can’t ban your R-rated texts.”

and

“The statue doesn’t talk about obscenity. It’s overbroad so it doesn’t say it’s a crime to send obscene picture through a text. It says it’s a crime to send anything having to do with sex,” Flanary says. “This is basic first year law school stuff we’re talking about. These laws were worked out in the ‘70s. Forty years later, the Texas legislature is writing laws that got struck down in the ‘70s So why in 2019 we’re dealing with it again? The only explanation is that our lawmakers didn’t pay attention in law school or maybe didn’t go to law school.”

What say you, Commeneriat?   Is this a case of Congress shall make no law abridging the freedom of dicks, or is Flanary Anon's alter ego?