Summary

• Objects (0 modified, 0 added, 1 removed)
  • Caselist.CitesClass[65]

Details

Caselist.CitesClass[65]

Cites

...	...	@@ -1,12 +1,0 @@
1		-The distribution of revenge pornography is constitutionally protected speech – aff allows it on college campuses.
2		-Goldberg 16 Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
3		-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 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.
4		-Restrictions work- they are key to forming a cultural shift in society.
5		-Citron 14 Danielle Keats Citron, Mary Anne Franks"CRIMINALIZING REVENGE PORN" 4/21/2014 https://www.law.yale.edu/system/files/area/center/isp/documents/danielle_citron_-_criminalizing_revenge_porn_-_fesc.pdf
6		-A criminal law solution is essential to deter judgment-proof perpetrators. As attorney and revenge porn expert Erica Johnstone puts it, “even if people aren’t afraid of being sued because they have nothing to lose, they are afraid of being convicted of a crime because that shows up on their record forever.”68 Nonconsensual pornography’s rise is surely related to the fact that malicious actors have little incentive to refrain from such behavior. While some critics believe that existing criminal law adequately addresses nonconsensual pornography, this Part highlights how existing criminal law fails to address most cases of revenge porn. A. The Importance of Criminal Law Criminal law has long prohibited privacy invasions and certain violations of autonomy. Criminal law is essential to send the clear message to potential perpetrators that nonconsensual pornography inflicts grave privacy and autonomy harms that have real consequences and penalties.69 While we share general concerns about over-incarceration, rejecting the criminalization of serious harms is not the way to address those concerns. We are also sensitive to objections that criminalizing revenge porn might reinforce the harmful and erroneous perception that women should be ashamed of their bodies or their sexual activities, but maintain that recognizing and protecting sexual autonomy does exactly the opposite.70 A criminal law solution would send the message that individuals’ bodies (mostly female bodies) are their own and that society recognizes the grave harms that flow from turning individuals into objects of pornography without their consent. In this way, a criminal law approach will help us conceptualize the involuntary publication of someone’s sexually explicit images as a form of sexual assault. When sexual abuse is inflicted on an individual’s physical body, it is considered rape or sexual assault. The fact that nonconsensual pornography does not involve physical contact does not change the fact that it is a form of sexual abuse. Federal and state criminal laws regarding voyeurism demonstrate that physical contact is not necessary to cause great harm and suffering. Video voyeurism laws punish the nonconsensual recording of a person in a state of undress in places where individuals enjoy a reasonable expectation of privacy. 71 Criminal laws prohibiting voyeurism rest on the commonly accepted assumption that observing a person in a state of undress or engaged in sexual activity without that person’s consent not only inflicts dignitary harms upon the individual observed, but also inflicts a social harm serious enough to warrant criminal prohibition and punishment. International criminal law provides precedent and perspective on this issue. Both the International Criminal Tribunal for Rwanda (“ICTR”) and the International Criminal Tribunal for the former Yugoslavia (“ICTY”) have employed a definition of sexual violence that does not require physical contact. In both tribunals, forced nudity was found to be a form of sexual violence.72 In the Akayesu case, the ICTR found that “sexual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact.” 73 In the Furundzija case, the ICTY similarly found that international criminal law punishes not only rape, but also “all serious abuses of a sexual nature inflicted upon the physical and moral integrity of a person by means of coercion, threat of force or intimidation in a way that is degrading and humiliating for the victim’s dignity.”74 The legal and social condemnation of child pornography exemplifies our collective understanding that the production, viewing, and distribution of certain kinds of sexual images are harmful.
7		-Revenge porn causes chilling effect for victims who are afraid to speak out and are silenced. Causes psychological and irreversible violence to victims.
8		-Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
9		-Victims struggle especially with anxiety, and some suffer panic attacks. Anorexia nervosa and depression are common ailments for individuals who are harassed online.33 Researchers have found that cyber harassment victims’ anxiety grows more severe over time.34 Victims have difficulty thinking positive thoughts and doing their work. According to a study conducted by the Cyber Civil Rights Initiative, over 80 of revenge porn victims experience severe emotional distress and anxiety.35 Revenge porn is often a form of domestic violence. Frequently, the intimate images are themselves the result of an abuser’s coercion of a reluctant partner.36 In numerous cases, abusers have threatened to disclose intimate images of their partners when victims attempt to leave the relationship.37 Abusers use the threat of disclosure to keep their partners under their control, making good on the threat once their partners find the courage to leave. The professional costs of revenge porn are steep. Because Internet searches of victims’ names prominently display their naked images or videos, many lose their jobs. Schools have terminated teachers whose naked pictures appeared online. A government agency ended a woman’s employment after a coworker circulated her nude photograph to colleagues.38 Victims may be unable to find work at all. Most employers rely on candidates’ online reputations as an employment screen. According to a 2009 study commissioned by Microsoft, nearly 80 of employers consult search engines to collect intelligence on job applicants, and, about 70 of the time, they reject applicants due to their findings.39 Common reasons for not interviewing and hiring applicants include concerns about their “lifestyle,” “inappropriate” online comments, and “unsuitable” photographs, videos, and information about them.40 Recruiters do not contact victims to see if they posted the nude photos of themselves or if someone else did in violation of their trust. The “simple but regrettable truth is that after consulting search results, employers don’t call revenge porn victims to schedule” interviews or to extend offers. 41 Employers do not want to hire individuals whose search results might reflect poorly on the employer. 42 To avoid further abuse, targeted individuals withdraw from online activities, which can be costly in many respects. Closing down one’s blog can mean a loss of income and other career opportunities.43 In some fields, blogging is key to getting a job. According to technology blogger Robert Scoble, people who do not blog are “never going to be included in the technology industry.” 44 When victims shut down their profiles on social media platforms like Facebook, LinkedIn, and Twitter, they are saddled with low social media influence scores that can impair their ability to obtain employment.45 Companies like Klout measure people’s online influence by looking at their number of social media followers, updates, likes, retweets, and shares. Not uncommonly, employers refuse to hire individuals with low social media influence scores. 46 Aside from these traditional harms, revenge porn can also amount to a degrading form of sexual harassment. It exposes victims’ sexuality in humiliating ways. Victims’ naked photos appear on slut-shaming47 sites, such as Cheaterville.com and MyEx.com. Once their naked images are exposed, anonymous strangers can send e-mail messages that threaten rape. Some have said: “First I will rape you, then I’ll kill you.” 48 Victims internalize these frightening and demeaning messages.49 Women would more likely suffer harm as a result of the posting of their naked images than their male counterparts.
10		-Revenge porn is the manifestation of a violent feminist patriarchy
11		-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/
12		-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

...	...	@@ -1,1 +1,0 @@
1		-2017-01-06 18:38:08.0

Judge

...	...	@@ -1,1 +1,0 @@
1		-Neel Yerneni

Opponent

...	...	@@ -1,1 +1,0 @@
1		-Kinkaid JG

ParentRound

...	...	@@ -1,1 +1,0 @@
1		-35

Round

...	...	@@ -1,1 +1,0 @@
1		-2

Team

...	...	@@ -1,1 +1,0 @@
1		-Strake Jesuit Chen Neg

Title

...	...	@@ -1,1 +1,0 @@
1		-JF - DA - Revenge Porn

Tournament

...	...	@@ -1,1 +1,0 @@
1		-UH