Government,
Criminal
May 7, 2014
Does 'revenge porn' law pass muster?
Any law regulating expressive activity - even malicious expressive activity - must be narrowly and carefully drafted so as not to infringe upon core First Amendment values.
Mary Anne Franks
University of MiamiMary Anne is vice-president of the Cyber Civil Rights Initiative, which has published a Guide for Legislators on drafting effective revenge porn laws.
When California criminalized "revenge porn" in October 2013, it took an important step towards recognizing a serious violation of privacy that had until then gone largely unnoticed by the law. Though three other states already had laws on their books that could in theory be used to prosecute the nonconsensual distribution of intimate imagery, California's was the first to address the problem head-on. In doing so, the state sent the powerful message that sexual privacy deserves at least a...
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