States are debating whether revenge porn is free speech.
States are debating whether revenge porn is protected by the First Amendment. By Deanna Paul Deanna Paul Reporter covering national and breaking news Email Bio Follow May 19 at 11:07 AM Bethany Austin learned her fiance had been unfaithful in late May 2016.
Austin said she then sent friends and family a four-page letter that contained text messages between Rychlik and the neighbor, Elizabeth Dreher, including nude photos of Dreher. Austin had access to all of their conversations and photos because she shared an iCloud account with Rychlik, court documents show. Rychlik and Dreher acknowledged they knew this.
Appeals courts are beginning to take up cases involving the constitutionality of “revenge porn” statutes. Legislation criminalizing these actions has gained traction in much of the country. Forty-five states, including Illinois, have revenge-porn laws in place. The U.S. Supreme Court has yet to hear a case on the issue.
“Anytime you restrict speech on the basis of what is said or shown, it’s presumptively unconstitutional,” said Andrew Koppelman, a law professor at Northwestern University who wrote a law-review article on the constitutionality of revenge-porn statutes. But the First Amendment allows the government to limit public disclosure of private, often intimate, information.
Those laws limit nonconsensual porn to “harassment,” she said in a statement to The Washington Post, but “[s]ome people do it for profit; some do it for entertainment; still others do it to obtain social status. Some of the most notorious purveyors of nonconsensual pornography are men who did not even know the women whose photos they exploited for financial gain.”
“From a constitutional perspective, it is hard to see a distinction between laws prohibiting nonconsensual disclosure of personal information comprising images of nudity and sexual conduct and those prohibiting disclosure of other categories of nonpublic personal information,” the court wrote in its opinion. “The government’s interest in protecting all from disclosure is strong.”
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