Two Republicans voted against a popular bill that criminalizes revenge porn on Monday, the Daily Caller reported. The Take It Down Act, which is supported by first lady Melania Trump, received over 400 votes.
The Senate already passed the bill earlier this year, so the legislation will now go before President Donald Trump for a signature. Reps. Eric Burlison of Missouri and Thomas Massie of Kentucky were the only House Republicans to vote against it, which likely blindsided the first lady.
Burlison has not spoken about his vote, but Massie posted to X, formerly Twitter, to explain his opposition. "Tonight we’re voting on the 'TAKE IT DOWN Act,' a bill that would impose federal criminal and civil penalties for publishing unauthorized intimate pictures generated with AI. I’m voting NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences," Massie wrote.
Tonight we’re voting on the “TAKE IT DOWN Act,” a bill that would impose federal criminal and civil penalties for publishing unauthorized intimate pictures generated with AI.
I’m voting NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences. pic.twitter.com/i3XhWTibP8
— Thomas Massie (@RepThomasMassie) April 28, 2025
The bill is meant to discourage nonconsensual posting of nude images, including those created by artificial intelligence or so-called "deepfakes." It requires platforms to take down flagged images within 48 hours at the request of the potential victims.
It fits nicely with Melania Trump's work in her Be Best Initiative, which was started during her husband's first term in office. The stated mission has three priorities, including "well-being, online safety, and opioid abuse."
The first lady, who usually keeps to the background, spoke to Newsweek to champion the bill's success. "Today’s bipartisan passage of the Take It Down Act is a powerful statement that we stand united in protecting the dignity, privacy, and safety of our children," Melania Trump said.
She also took to X to share her support, according to Fox News. "Advancing this legislation has been a key focus since I returned to my role as First Lady this past January," she wrote.
"I am honored to have contributed to guiding it through Congress. By safeguarding children from hurtful online behavior today, we take a vital step in nurturing our leaders of tomorrow. #BeBest," Melania Trump added.
Besides Massie, other advocacy groups are warning that the legislation has some problems. The Center for Democracy & Technology issued a letter in February after the Senate bill passed, urging lawmakers to consider the pitfalls.
"In its current form, the bill creates a notice and takedown (NTD) mechanism that would result in the removal of not just nonconsensual intimate imagery but also speech that is neither illegal nor actually NDII. This mechanism is likely unconstitutional and will undoubtedly have a censorious impact on users' free expression," the Feb. 12 letter stated.
It went on to explain other considerations, such as encrypted communications, that would create a burden on tech companies. "The TAKE IT DOWN Act, therefore, either would create an obligation to take down content to which a provider has no access — an impossible obligation — or incentivize content filtering that would break encryption," it said.
However, nonconsensual pornography is likely to become a massive problem with the proliferation of AI and the ease of digital sharing. These victims deserve swift action, especially when it comes to minors and victims of abuse.
Pornography in any form is a great scourge on humanity, but the added layer of it being spread without the person's consent is ghastly. This bill is a step in the right direction and should be lauded as a win regardless of the overblown concerns.
