Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[27]
  • Caselist.CitesClass[46]

Details

Caselist.RoundClass[27]

EntryDate

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1		-2017-02-19 03:33:56.190
	1	+2017-02-19 03:33:56.0

Caselist.CitesClass[46]

Cites

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	1	+DA
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	3	+Uniqueness-Bipartisan revenge porn legislation on college campuses is coming now
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	5	+Abdul-Alim 16: Jamaal Abdul-Alim  16Reporter, “Colleges may get Help Fighting Revenge porn,” Diverseeducation.com, 3 October 2016. RW
	6	+A proposed law that would punish people who publish “revenge porn” online will likely be put forth in the next Congress, but it remains to be seen how effective the measure — if passed — would be in combating the practice on America’s college campuses. “We are totally aware of the huge problem on campus of sexual assault and this sort of conduct on campuses as well,” said Josh Connolly, chief of staff for U.S. Rep. Jackie Speier (D-Calif.), who introduced the bill — known as the “Intimate Privacy Protection Act,” or IPPA — earlier this year and plans to do so again next session. U.S. Rep. Jackie Speier While sexual assaults on campus are often handled by Title IX coordinators, Connolly said he didn’t foresee that happening if the revenge porn bill becomes law. He said the “default” should be to have attorneys general or district attorneys handle the cases. “Regarding any sort of jurisdictional ambiguity, we don’t really foresee that,” Connolly said. “I think it is solidly within a DA or an AG’s jurisdiction of whether or not to take a case or not, and we would encourage them to do so.” Connolly made his remarks Friday during a panel discussion on Capitol Hill titled “Outlawing Revenge Porn: How Congress Can Protect Privacy and Reduce Online Harassment.” The discussion comes at a time when sex video scandals — sometimes with costly and tragic results — are making more and more headlines. People of all ages have become ensnared in the practice in which perpetrators post images or videos of their victims nude or engaged in sex acts. The victims range from celebrities such as Hulk Hogan, who earlier this year won a $140 million lawsuit against Gawker for publishing a portion of a sex tape of the pro wrestler, to otherwise anonymous young people such as Tovonna Holton, 15, who committed suicide this year after friends video recorded her in the shower and posted it on social media app Snapchat. Similar things have happened at colleges and universities in recent years. For example, Tyler Clementi, an 18-year-old Rutgers University freshman, leapt to his death after a roommate used a webcam to live broadcast Clementi on social media having sex in his dorm with another man. The roommate, Dharun Ravi, served 20 days in jail on various charges and was ordered to pay $10,000 to a program to help victims of hate crimes. However, his conviction was overturned last month due to a change in state law. Last year, Penn State banned Kappa Delta Rho fraternity for three years after it surfaced that members of the fraternity had been using an invitation-only Facebook page to post photos of nude women who were passed out.
	7	+Aff means public colleges and universities can’t restrict revenge porn
	8	+Goldberg 16 Erica Goldberg JD, Cardozo, Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM”. RW
	9	+The regulation of revenge porn presents thorny First Amendment issues, even though the speech is considered both highly injurious and of low value. Some argue that revenge porn can be regulated as obscenity, but, like much pornography, sexually explicit speech that does not rise to the level of obscenity is still protected speech. 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 so long as the publisher was not involved in the illegal conduct that produced the content. 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.
	10	+That means the aff massively increases revenge porn—chances are extraordinarily high given the amount of sexting on campus
	11	+Reid 14 ~Samantha Reid, reporter at USA Today, "Study says 70 of students have sexted, so how do they feel about revenge porn?" USA Today, May 15, 2014, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ HSLASC
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	13	+“Sexting” has been occurring on college campuses for years, but lawmakers are now beginning to take notice –– revenge porn, or the non-consensual distribution of nude or semi-nude photos, is an issue currently being addressed in state legislatures around the country. These new laws, the most recent of which just passed in Arizona – where felony charges are applied to revenge porn perpetrators — aim to criminalize this type of media sharing to varying degrees of penalty. College students are a key demographic affected by these laws –– according to a study published by the Electronic Journal of Human Sexuality, nearly 70 of college students admit to having sent or received sexually suggestive text messages. Apps like Snapchat, makes it easier than ever for students to share nude or partially nude images. While students are willing to admit to sexting in anonymous studies, very few are willing to speak on the topic openly for fear of embarrassment or hurting potential career prospects –– the same results as when photos are leaked. RELATED “Revenge porn is not talked about openly,” says Nickie Hackenbrack, a senior at University of Tennessee. “Because of the anonymity of the Internet and students’ trust of those around us we have the impression that it could never happen to us.” Several schools have held events this past semester to attempt to bolster student awareness. Dowling College in Oakdale, N.Y., Colorado College in Colorado Springs, Colo. and Beloit College in Beloit, Wis. all held events that focused on revenge porn. Hackenbrack is part of “Sexual Empowerment and Awareness at Tennessee,” better known on campus as SEAT. The group puts on “Sex Week” at UT, and the organizers hope to focus on revenge porn at this year’s event. “We hope the event brings to light the pervasiveness of technology, even when it comes to sexuality,” Hackenbrack says. “To address this issue head on, we hope need to put together a panel from legal and ethical perspectives to talk about the current state of revenge porn legislation.” Events like “Sex Week” strive to open up a greater dialogue about intimacy and respect among college students. Sending nude photos is a pervasive practice, but conversation about it is often taboo. “For college students this is part of contemporary sexual expression and relationships,” says Danielle Citron, a law professor at University of Maryland who specializes in cybercrime. “We want to encourage private sexual expression… but there’s got to be a sense of confidentiality.” Julie Bogen, a senior at Wheaton College in Norton, Mass., agrees that sexual expression is hindered without laws in place to protect individual privacy. “The existence of revenge porn creates a twisted paranoia surrounding experimentation and trusting your partner,” Bogen says. “Who would trust anyone or try anything new… when if the relationship ends poorly, their private moments could end up as public domain?” RELATED Without laws that pertain specifically to this type of crime, victims are left with few options for recourse when that privacy is violated–– civil suits are one route, but for the young people that this issue most commonly affects that too can be problematic.
	14	+Revenge porn is the epitome of violent patriarchy and dehumanizing violence
	15	+Dermody 14 ~Meagan Dermody, Managing Editor at CT, "Jennifer Lawrence, privacy and the patriarchy," The independent student press at Virginia Commonwealth University, September 7, 2014, http://www.commonwealthtimes.org/2014/09/07/jennifer-lawrence-privacy-and-the-patriarchy/~~ HSLASC
	16	+The leak falls somewhere between degradation and physical violence; though the violation those involved have experienced was not physical in nature, losing control over sexual images can mean losing control of a piece of your personhood. Woman becomes passive body, cut to discrete and consumable pieces without consent — the photo no longer represents a person sharing an intimate part of a complex and valuable self, but an object to be fantasized about, criticized, and consumed. It doesn’t stop there. Users of the website 4chan attempted to manipulate female users into sharing nude photographs of themselves — in solidarity, they claimed. By painting it as a movement for solidarity, they belied (however ineffectively) their true intentions. The attempt to access sexually explicit images of other women is in fact a manifestation of the will to objectify, an act of patriarchal punishment with a beguiling false attitude. It follows that the leak of these photographs and the demand for more represent a greater initiative to consume the female body as passive sex object — a large-scale manifestation of patriarchal violence, meant to reify women on a grand scale and degrade their consent by stripping them of their control over their image and intimate selves.

EntryDate

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	1	+2017-02-19 03:34:29.396

Judge

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	1	+Chris Castillo

Opponent

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	1	+Dulles DH

ParentRound

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	1	+27

Round

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	1	+1

Team

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	1	+Lexington Weiler Neg

Title

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	1	+JANFEB- DA- Revenge Porn

Tournament

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	1	+Harvard