My Talking Points Memo article, Revenge Porn Is Awful, But The Law Against It Is Worse was referenced in a recent Slate article on the topic, How to Make Revenge Porn a Crime.
Free speech advocates worry that revenge porn laws are too broad and vague, and thus risk chilling protected speech. Is there a collision here with the First Amendment? These concerns are real, but not insurmountable. Careful and precise drafting is the key. Revenge porn laws can and should make clear that it is a crime to distribute someone’s sexually explicit images without consent if those images do not concern matters of public importance. Worded that way, a law wouldn’t apply, for example, to the woman who published Anthony Weiner’s crotch shots.
Prettay, prettay baller.
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