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Revenge PorN and the 1 st Amendment

Revenge PorN and the 1 st Amendment. Section 123.456: Purports to protect privacy of intimate information To what extent does Florida Star (which involves a variation on the tort of disclosure of private information) allow punishment of this type of information consistent with 1A?

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Revenge PorN and the 1 st Amendment

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  1. Revenge PorN and the 1st Amendment • Section 123.456: • Purports to protect privacy of intimate information • To what extent does Florida Star (which involves a variation on the tort of disclosure of private information) allow punishment of this type of information consistent with 1A? • Are there differences in that case and this situation? Did SCT there rule out recognition of or criminal punishment based on the tort in all circumstances? • Do what extent does the fact that BOTH participants consented to the original filming mean each has control/ownership over the pics? • What if the material uploaded included a video of BOTH of them? Does that change the equation?

  2. More Questions about Revenge Porn and the First Amendment • What other concerns does Section 123.456 raise from a 1st Amendment perspective? • Vague? • Overinclusive? Underinclusive? • Is this statute better? • An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

  3. Hurdles For Victims of Revenge Porn • Why doesn’t Anna sue the website GetBackatYourEx.com for invasion of privacy in a civil suit? • Communications Decency Act Sec. 230(c)(1) - No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. • http://www.law.cornell.edu/uscode/text/47/230 • Is it extortion if the website operator agrees to take down the nude pictures but ONLY if Anna pays them a fee? • Other options for Anna?

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