Revenge Porn Can Be Outlawed Under The First Amendment

Law360 (July 11, 2019, 4:02 PM EDT) -- Nonconsensual distribution of pornographic images — or “revenge pornography” — is not the type of expression the First Amendment was intended to protect, at least not where the subject is easily identifiable and there was a reasonably understood implication of privacy associated with the images.

If someone wants to share truthful intimate details about their sex lives via excruciatingly detailed commentaries orally, written, or even drawn, that should likely pass muster from a legal perspective — though perhaps not a moral one; that’s a whole other equation — but the distribution of actual pornographic images or videos of another human being...

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