Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[19]
  • Caselist.CitesClass[5]

Details

Caselist.RoundClass[19]

EntryDate

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1		-2017-02-19 02:18:35.763
	1	+2017-02-19 02:18:35.0

Caselist.CitesClass[5]

Cites

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	1	+Revenge Porn DA
	2	+ UQ: The first amendment currently provides provision for acts such as “Revenge Porn”.
	3	+Larkin 14. Paul J. Larkin Jr., Senior Legal Research Fellow, “Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, Oct. 1, 2014
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	5	+There are obstacles that a revenge porn victim must overcome. A defendant’s likely defense of consent could nullify such claims. In addition, the First Amendment Free Speech Clause will be said to impose an obstacle if a revenge porn victim seeks civil relief or if the government initiates a criminal prosecution. In fact, some would contend that no tort suit or prosecution could ever be successful. The argument would be that the First Amendment protects an individual against civil or criminal liability for publishing a lawfully obtained image honestly depicting the photographer’s subject, regardless of how unflattering the photograph may be or the effect that publication may have on the subject. Ultimately, the Article maintains, the law must adapt to the “selfie” and “sexting” generation in order to provide meaningful relief to individuals whose wellintentioned—albeit ill-advised—attempts at flirtation achieve perpetual—and unwanted—fame and notoriety on the Internet. Intimate photographs are shared under circumstances giving rise to an implied agreement of confidentiality between the parties, and the Free Speech Clause does not shield a recipient against his broken promise not to share a photograph with others. Imposing tort and criminal liability on someone who breaches an agreement of confidentiality will not chill protected speech. It will only encourage people to keep their word.
	6	+ Link: Failing to restrict constitutionally protected speech leaves justification for things such as Revenge Porn to occur. Giving the amount of sexting that happens on college campuses, revenge porn becomes very likely.
	7	+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.
	8	+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, make 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. “Revenge porn is not talked about openly,” says Nickie Hackenbrack, a senior at University of Tennessee. “Because of the anonymity of the Internet and the trust of those that we have around us plays 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 to put together a panel from legal and ethical perspectives to talk about the current state of revenge porn legislation.
	9	+ In order to preserve free speech. Everything in the public domain. Vote neg on rpesumtion. Is freedom fo speech that we can utilize everything in the public domain. If no, you lose access to your affirmative.
	10	+Impact: Revenge Porn significantly affects women and most especially women of color.
	11	+Citron 13. Daniel Keats Citron, "Revenge porn: A pernicious form of cyber gender harassment," The Baltimore Sun, December 15, 2013.
	12	+Being a woman, especially a woman of color, raises one's risk of cyber harassment — the intentional infliction of severe emotional distress through persistent online speech. The University of Maryland studied online attacks occurring on an Internet chat medium and found that users with female names received, on average, 100 "malicious private messages" — defined as those with "sexually explicit or threatening" language — for every four received by male users. User gender had a "significant impact" on the number of malicious private messages sent and "no significant impact" on other kinds of attacks, such as attempts to send files with viruses to users, the study said. It noted that males "specifically" targeted females. The U.S. National Violence Against Women Survey also reports that 60 percent of cyber stalking victims are women. A separate study by a university in the Midwest involving 992 undergraduate students found that non-white females faced cyber harassment more than any other group, with 53 percent reporting having been harassed online. Next were white females at 45 percent. The group least likely to have been harassed was white males. Only 31 percent reported having faced cyber harassment. The nature of the attacks reveals bigotry's presence. Cyber harassment demeans individuals and groups, treating them as inhuman "others" who have no shared humanity to consid
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	15	+CP: Public Colleges and Universities ought not restrict any constitutionally protected speech except in the instance of revenge porn.
	16	+It’s time to stop prioritizing the textuality of the 1st Amendment and start prioritizing the livelihood of disenfranchised women.
	17	+Joseph J. Pangaro, J.D. Candidate, Temple University Beasley School of Law, 2016. “Hell Hath No Fury: Why First Amendment Scrutiny Has Led to Ineffective Revenge Porn Laws, and How to Change the Analytical Argument to Overcome this Issue.” Temple Law Review.
	18	+Courts should analyze revenge porn as proscribable speech based on its impact, rather than its content. That is, the inquiry should not be whether or not its content is obscene, but rather whether its impact causes harm and fear that rises to the level of a true threat.' Revenge porn, by definition, involves depictions of nudity and sexuality. The general trend to regulate depictions of seimally explicit material has been to classify it as obscene. But the Supreme Court has demonstrated an unwillingness to label images that appeal `to the prurient interest" as obscene..• Furthermore, cases such as Stevens and Snyder, discussed in Section II, indicate the present Court will vehemently defend speech, even when such a defense protects depictions as offensive as animal cruelty or funeral protests. With this backdrop. legislators are looking to criminalize revenge porn by crafting statutes with elaborate restrictions and exceptions, in what seems to be anticipation of having to defend them in court.'" These qualifiers, however, make the statutes so narrow as to render them virtually useless. To paraphrase Justice Frankfurter, these statutes roast a pig when they need to burn the house?. This Section argues that the primary problem with drafting legislation to prevent revenge porn is the drafters' and interpreters' perspective of the statute. The presence of nudity in this form of intimate media is not the reason the practice should be criminalized. Rather, it is the harm the postings cause to the subjects of the media, in terms of both mental well-being and physical danger. Part ISLA reviews the existing legislation, and the gaps created by overly cautious legislators concerned with violating free speech protections. Part III.B argues that posting revenge porn Would be classified as a true threat Part III.0 illustrates what as effective revenge porn statute might look like if drafted with the true threats doctrine in mind, rather than focused on the Court's obscenity jurisprudence.

EntryDate

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	1	+2017-02-19 02:18:38.560

Judge

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	1	+as

Opponent

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	1	+as

ParentRound

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	1	+19

Round

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	1	+1

Team

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	1	+Newark Science Agboola Neg

Title

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	1	+Revenge Porn DA CP

Tournament

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	1	+Berk