Summary

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  • Caselist.RoundClass[11]
  • Caselist.CitesClass[12]

Details

Caselist.RoundClass[11]

EntryDate

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1		-2017-01-14 07:00:58.894
	1	+2017-01-14 07:00:58.0

Caselist.CitesClass[12]

Cites

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	1	+Counterplan Text: Colleges in the United States should prohibit the distribution of revenge porn.
	2	+Rennison and Addington 14 Callie Rennison (associate professor in the School of Public Affairs at the University of Colorado Denver) and Lynn Addington (associate professor in the Department of Justice, Law and Criminology, School of Public Affairs at American University in Washington, DC), "Violence Against College Women: A Review to Identify Limitations in Defining the Problem and Inform Future Research" Trauma, Violence, and Abuse. July 2014. Vol. 15, no. 3. Pgs. 159-169. http://tva.sagepub.com/content/15/3/159.full
	3	+The current violence against college women literature has expanded knowledge about the prevalence and characteristics of sexual violence occurring on campus. These findings, in turn, have been translated into policies designed to reduce this form of violence and assist victims. Additional work has considered the prevalence and characteristics of dating violence and stalking against college women and also has informed specific programmatic development on campuses. Despite these advances, our review of the literature identifies three important gaps that limit defining violence against college women and arguably inhibit future development in this area. The most critical gap or limitation is the lack of any assessment of the literature to consider the current approaches of how violence is defined and operationalized. This assessment would help identify whether behaviors are missing that should be included as well as promote a current and comprehensive understanding violence against college women. The two other limitations are not as directly related to defining violence but would assist in conducting such a reassessment. The second limitation concerns the need to provide a context for the victimization experiences of college women, especially the importance of comparing these experiences with those of young adult women who are not students. A third, and related, limitation concerns a need to consider how “college student” is defined and measured. The first limitation concerns the failure to explicitly define violence as it is used in the area of violence against college women. As a result, researchers tend to implicitly define violence against college women as synonymous with sexual violence and to a lesser extent dating violence and stalking. No effort has been made to take stock of the scope of this definition and reassess how well the construct has been operationalized. In addition, no explicit discussion has occurred with regard to whether using a criminal justice perspective or a public health perspective would assist in defining violence in this area. As a result, the violence against college women area has evolved to incorporate aspects of both perspectives but also has failed to fully embrace aspects of either. For example, if a criminal justice perspective was accepted, this view would encourage inclusion of other forms of violent crime such as robbery and nonsexual assaults that are currently absent from the literature. Similarly, if a public health perspective were utilized, this focus would expand the study to emerging forms of violence that may or may not be criminalized such as so-called revenge porn (or the posting of intimate and explicit photographs online) and other forms of online reputational harm as well as forms of criminal behavior that are committed by intimates such as cyberstalking or identity theft (which can generate significant emotional harm).
	4	+Competition:
	5	+The distribution of revenge pornography is constitutionally protected speech – aff allows it on college campuses.
	6	+Goldberg 16 Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
	7	+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.
	8	+
	9	+Solvency:
	10	+Restrictions work- they are key to forming a cultural shift in society.
	11	+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
	12	+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.
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	14	+Don't let them say free speech good; discursive objectification of women on college campuses takes away their speech. Turns case.
	15	+Pinar 12 William F. Pinar (American educator, curriculum theorist and international studies scholar; has taught at LSU, Colgate, Columbia, and Ohio State), "The Gender of Violence on Campus" Published in Gendered Futures in Higher Education: Critical Perspectives for Change. Edited by Becky Ropers-Huilman. Feb 1, 2012. SUNY Press
	16	+Fraternities demand conformity and solidarity. Conformity which is created by men bonding together against women (Hirsch, 1990). And against gay men. The sexual objectification of women remains a primary element of fraternity life; it is sometimes evident in fraternity serenades. In 1992, the UCLA-based feminist magazine Together (now called FEM) received an anonymous copy of the Phi Kappa Psi songbook in which one song— “SandM Man”—contained lyrics depicting female genital mutilation. At Cornell University, four male undergraduates posted on the Internet the “Top 75 reasons why women (bitches) should not have freedom of speech.” Reason #20: “This is my dick. I’m gonna fuck you. No more stupid questions”

EntryDate

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	1	+2017-01-14 07:01:00.605

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	1	+s

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	1	+s

ParentRound

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	1	+11

Round

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	1	+Finals

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	1	+Strake Jesuit Herrera Neg

Title

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	1	+revenge porn

Tournament

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	1	+uhh