Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[22]
  • Caselist.CitesClass[20]

Details

Caselist.RoundClass[22]

EntryDate

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1		-2017-01-24 15:42:39.60
	1	+2017-01-24 15:42:39.0

Caselist.CitesClass[20]

Cites

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	1	+Revenge porn is constitutionally protected speech, latest court precedent proves
	2	+Goldberg 16 Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
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	4	+The regulation of revenge porn presents thorny First Amendment issues, even though the speech is considered both highly injurious and of low value.300 Some argue that revenge porn can be regulated as obscenity,301 but, like much pornography, sexually explicit speech that does not rise to the level of obscenity is still protected speech.302 Criminal statutes and torts based on the invasion of privacy and emotional distress caused by revenge porn compromise the freedom to distribute protected speech lawfully obtained. Indeed, the Supreme Court has recognized a right for the media to publish even unlawfully obtained content,so long as the publisher was not involved in the illegal conduct that produced the content.303 And in United States v. Stevens , the Supreme Court held that individuals cannot be held criminally liable for distributing speech depicting illegal acts, so long as the individuals did not perpetrate the underlying act.304 Revenge porn, as defined here, is both legally obtained and depicts a legal act. In the ultimate articulation of free speech consequentialism, Mary Anne Franks argues for criminalization of revenge porn because "some expressions of free speech are just considered so socially harmful and don't contribute any benefits to society."305 Yet this does not separate revenge porn from any number of categories of protected speech that may cause others emotional distress and are considered by some to pos- sess little value; this is nothing more than a call for judges to make whole- sale and retail judgments about the value and harms that flow from particular forms of speech. If revenge porn can be regulated, legislators should not target the victim's emotional distress or the invasion of pri- vacy, as these focal points threaten to undermine strong free speech pro- tections exceptional to America's free speech regime.
	5	+Where laws against revenge porn have been enacted they typically attempt to avoid constitutional constraints by focusing on harmful intent rather than content, which makes them harder to enforce as it is difficult to prove intent.
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	7	+Revenge porn is fundamentally oppressive.
	8	+Filipovic 13 (Jill. "'Revenge Porn' Is about Degrading Women Sexually and Professionally." The Guardian, 28 Jan. 2013. Web.)
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	11	+“On revenge porn sites, users upload x-rated explicit photos of women (often ex girlfriends or lovers) without the women's permission. Send a naughty photo to your boyfriend and when it turns out he's a pig, your their image is distributed all over the internet, often with your their name, location and links to your their social media accounts. The purpose of revenge porn isn't to allow regular guys the opportunity to see some naked girls-next-door; it's explicitly purposed to shame, humiliate and destroy the lives and reputations of young women.”
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	14	+Revenge porn totalizes the identities of those targeted, defining them to the world and leaving them literally helpless to respond.
	15	+Murray 14 (Christine and Allison Crowe. “‘Revenge porn as a form of intimate partner violence.” See the Triumph, April 6, 2014. Web.)
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	17	+“One of the participants in our research described the impact of revenge porn on her: 'I am powerless to keep him from doing what he pleases with the videos he took of me having sex without my knowledge or consent.’ This quote captures the sense of powerlessness and loss of control that may accompany being targeted for revenge porn. Sharing~-~-publicly and spitefully~-~-the most intimate details of one’s sexuality, sexual relationship, and private moments with one’s partner has no place in a healthy relationship. Technology allows that sharing to go far beyond one’s immediate social network and spread literally across the world in a matter of moments. Not only is this a violation of a person’s privacy, it also can lead to safety risks, in that it can lead to stalking, unwanted sexual advances, and harassment by others, including strangers. Some people who are targeted even go so far as to change their names to protect themselves. Unfortunately, laws haven’t yet caught up to technology yet in the case of revenge porn. As Jill Filipovic said on The Guardian, 'Right now, the law and our culture are both on the side of those who shame and humiliate women for sport, instead of those of us who just want to go about our normal lives.' Some actions are being taken to create laws to stop revenge porn, such as in Pennsylvania and Illinois. A bill may even see its way into the U.S. Congress. However, until the laws catch up, more actions will be needed at the individual, community, and national level to support people who are targeted, hold offenders accountable, and raise awareness of this important issue.”

EntryDate

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	1	+2017-01-24 15:42:40.483

Judge

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	1	+Zach Vrana

Opponent

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	1	+Bradley Tech NC

ParentRound

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	1	+22

Round

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	1	+1

Team

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	1	+Appleton East Moorhead Neg

Title

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	1	+JANFEB- Revenge Porn DA

Tournament

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	1	+WSDT