RALEIGH, NC, March 22, 2014 (Press-News.org) Lawmakers are coming to grips with so-called "revenge porn," as Liz Halloran reports for NPR, which means they're looking for ways to criminalize it. After all, there probably should be a way to discourage a spouse or lover - usually a former spouse or lover - from posting images or videos of you online without your consent.
But as we're coming to find, laws that attempt to criminalize revenge porn in the name of safeguarding privacy run up against First Amendment free speech protections.
What Is Revenge Porn?
Revenge porn, according to Wikipedia, is "typically uploaded by ex-partners or hackers" and is published online without the consent of the person depicted. You could argue against allowing a partner from photographing or recording in the first place, but "selfies" and hidden cameras make that argument moot.
Regardless of the circumstances under which the sexual content is created, the act of publishing it online - often with accompanying personal details like names, employers, and links to social media profiles - is why revenge porn has lately been the target of lawmakers across the nation.
Examples of Revenge Porn Laws
Halloran quotes a lawyer with the American Civil Liberties Union: "[T]he reality is that revenge porn laws tend to criminalize the sharing of nude images that people lawfully own. That treads on very thin ice constitutionally."
The ice may be thin, but that doesn't mean lawmakers aren't trying.
California and New Jersey are apparently the only two states that have passed revenge porn laws - for now. Halloran writes that there are "bills in the pipeline" in state legislatures across the country.
These laws and bills differ in scope and manner of punishment. Some make revenge porn a misdemeanor; others, a felony. Some bills probably go too far. For example, Halloran cites an Arizona bill that would make it a crime if you get an unsolicited text and show the image to a friend.
Then, of course, there's the free speech issue. According to the ACLU lawyer, "[T]here simply isn't another example I'm aware of where there are criminal penalties for sharing otherwise lawful speech."
Revenge Porn: The Next Sex Crime?
Israel is apparently the first country to have made revenge porn a bona fide sex crime. As Sam Frizell reports for TIME, government officials in that country characterized some types of revenge porn as "virtual rape."
"We are witnessing more and more cases of sexual assaults that were filmed and distributed in public without restraints and without limits; this legislative intervention is necessary and will help fight the shocking phenomenon of 'virtual rape,'" according to Yifat Kariv.
Will the U.S. follow suit and make revenge porn a sex crime?
We are likely to see a variety of approaches - as we have already seen - as each state works to criminalize revenge porn, but lawmakers will be required to create bills that can withstand constitutional scrutiny under the First Amendment in addition to considering the rights of those who may be accused.
This is because the accusation of any behavior that has been classified as a sex crime has the potential to ruin a person's life.
As we've already seen with the Adam Walsh Child Protection and Safety Act, which, among other things, created the sex offender registry, the criminalization of sex offenses can go too far. The activist Patty Wetterling, in the years following her son's abduction, once played a major role in the creation of this law, but in the years since, Wetterling has publically criticized the law for its overreach.
We should be careful to safeguard liberty against overreaching and intrusive criminal laws - as much as we are careful to safeguard privacy and free speech - as the states continue to grapple with revenge porn.
This informational article was provided by Patrick Roberts, the founder of Roberts Law Group, a North Carolina criminal defense law firm. With offices in Wilmington, Raleigh and Charlotte, our defense attorneys handle state and federal sex offense cases throughout North Carolina. Contact our Raleigh office today online or call 866-630-2389 for a free consultation.
'Revenge Porn' Raises Questions Involving Free Speech and Privacy
Lawmakers looking for ways to criminalize revenge porn.
2014-03-22
ELSE PRESS RELEASES FROM THIS DATE:
Teal Montgomery & Henderson has a Doctor in the House
2014-03-22
Teal Montgomery & Henderson announces that one of its attorneys is also a licensed physician. This distinction makes the law firm unique in the legal industry and allows it to have a deeper insight and understanding of medical evidence in litigation.
Thomas Q. Winter spent 25 years in the medical field before deciding to expand into law. He graduated in 1967 from Northwestern University Feinberg School of Medicine with his Doctor of Medicine. After medical school, Mr. Winter went through surgical training for four years and was certified by The American Board of ...
Healy Scanlon Law Firm files lawsuit in fatal I-94 trucking accident
2014-03-22
On February 25, 2014, attorneys at Healy Scanlon Law Firm (formerly The Healy Law Firm) in Chicago filed a lawsuit on behalf of the family for a husband and father who was killed as a result of the chain reaction collision that temporarily shut down Interstate 94 near Michigan City, Indiana on Thursday January 23, 2014. The accident involved at least 45 vehicles, including approximately 19 semi tractor- trailers, and resulted in injuries to at least 20 people. The decedent is survived by his wife and four adult children and was one of the three people who lost their lives ...
Kristie Koepplin Serves as President of AORN of Orange County
2014-03-22
Capistrano Surgicenter Perioperative Nurse Kristie Koepplin has been recognized for showing dedication, leadership and excellence in operating room nursing.
Recognized for many years of invaluable contributions in her field, Ms. Koepplin has found professional success with Capistrano Surgicenter, a dermatology office. For more than a decade and a half, in her role as a perioperative nurse, she has supervised the autoclave department, ordered supplies for the operating room and worked with the inventor of the tumescent liposuction technique.
A brilliant example of ...
Waiving liability: Is it ironclad?
2014-03-22
It was a most amazing story in the news recently: as reported by kbtx.com, a young girl was taken skydiving by her father for her sixteenth birthday, something she had always wanted to do. She was taking a static-line jump, where the parachute is supposed to open when the jumper exists the plane. Jumping out of the plane at 3,000 feet, the girl's parachute failed to open properly and she spiraled to the earth. Amazingly, she not only survived, but was expected to leave the intensive care after only a few days and still faced a long recovery for her serious injuries. Although ...
Warrantless search of mailed package was not justified
2014-03-22
Under the Fourth Amendment of the United States Constitution, a warrantless search is considered unreasonable unless the situation is covered by one of a number of exceptions to the law. One of those exceptions is related to "exigent circumstances"--a situation which, by its nature, requires immediate action.
In the case of Robey v. Superior Court, the California Supreme Court discussed an incident in which the police claimed they had exigent circumstances to search a package containing marijuana . . . but the court disagreed.
A shipping package . . . and ...
Downtown motorcycle accident results in the death of a Charleston man
2014-03-22
A local Charleston man recently lost his life in a tragic motorcycle accident in the downtown area. The 29-year-old victim grew up in Mount Pleasant.
The incident occurred on the Huger Street off ramp to the Arthur Ravenel Jr. Bridge. After the accident, the motorcycle was mangled, and a broken light pole rested in a field close by.
The victim was discovered by a pedestrian, who was walking his dog. The witness noticed the broken light pole and ultimately uncovered the crashed motorcycle and victim's body, which was found just a few feet away. According to the witness, ...
Pradaxa poses serious health risk to several users
2014-03-22
When patients consume medicine, the intention is to relieve medical issues or symptoms --not create them. However, some drugs are found to be defective, causing further issues for those who consume the product.
For example, Pradaxa is a commonly used blood thinner; however, it is one of the most complained about medications in the country, according to ABC News. In fact, several complaints were filed with the Food and Drug Administration regarding the drug in the past few years.
Since the medication was approved in 2010, Pradaxa has been linked to approximately 1,158 ...
Thousands injured from transvaginal mesh device, litigation continues
2014-03-22
Surgical mesh was first approved by the FDA in the 1950s to repair hernias. In the 1990s, the product was expanded to treat pelvic organ prolapsed and stress urinary incontinence conditions, particularly for women post childbirth. However, thousands of women have suffered injuries from transvaginal mesh. Many had to undergo additional surgical procedures, such as blood transfusions and draining, to correct the problems from the defective medical device.
As of today, roughly 40,000 lawsuits have been filed against various manufacturers of the defective transvaginal mesh ...
"Bike cams" capturing danger posed to bicyclists in Chicago
2014-03-22
After an unusually cold winter in Chicago, spring is just around the corner. With the rise in temperature and the melting snow in sight, cyclists are itching to get back out on the road (at least those who did not brave the cold and snow and bike anyway). Bicyclists have reason to be excited. Last summer Chicago increased its number of bike lanes and added the bike sharing program "Divvy" to its city streets, which now has 400 bike stations across the city. Chicago is part of a growing movement that encourages bicycling even in urban environments for health and ...
Infant blindness case could proceed based on medical expert's report
2014-03-22
To prove medical malpractice, a patient often will need the opinions and reports of medical experts. These experts generally will provide a report which discusses the applicable standards of care in an area and how the health-care providers failed to meet those standards.
In addition, the report must establish "causation"--that is, the relationship between the health-care provider's failure and the injury to the patient. Enough key facts, including information related to causation, must be included in the report for it to be valid, or else the health-care provider ...
LAST 30 PRESS RELEASES:
Researchers clarify how ketogenic diets treat epilepsy, guiding future therapy development
PsyMetRiC – a new tool to predict physical health risks in young people with psychosis
Island birds reveal surprising link between immunity and gut bacteria
Research presented at international urology conference in London shows how far prostate cancer screening has come
Further evidence of developmental risks linked to epilepsy drugs in pregnancy
Cosmetic procedures need tighter regulation to reduce harm, argue experts
How chaos theory could turn every NHS scan into its own fortress
Vaccine gaps rooted in structural forces, not just personal choices: SFU study
Safer blood clot treatment with apixaban than with rivaroxaban, according to large venous thrombosis trial
Turning herbal waste into a powerful tool for cleaning heavy metal pollution
Immune ‘peacekeepers’ teach the body which foods are safe to eat
AAN issues guidance on the use of wearable devices
In former college athletes, more concussions associated with worse brain health
Racial/ethnic disparities among people fatally shot by U.S. police vary across state lines
US gender differences in poverty rates may be associated with the varying burden of childcare
3D-printed robotic rattlesnake triggers an avoidance response in zoo animals, especially species which share their distribution with rattlers in nature
Simple ‘cocktail’ of amino acids dramatically boosts power of mRNA therapies and CRISPR gene editing
Johns Hopkins scientists engineer nanoparticles able to seek and destroy diseased immune cells
A hidden immune circuit in the uterus revealed: Findings shed light on preeclampsia and early pregnancy failure
Google Earth’ for human organs made available online
AI assistants can sway writers’ attitudes, even when they’re watching for bias
Still standing but mostly dead: Recovery of dying coral reef in Moorea stalls
3D-printed rattlesnake reveals how the rattle is a warning signal
Despite their contrasting reputations, bonobos and chimpanzees show similar levels of aggression in zoos
Unusual tumor cells may be overlooked factors in advanced breast cancer
Plants pause, play and fast forward growth depending on types of climate stress
University of Minnesota scientists reveal how deadly Marburg virus enters human cells, identify therapeutic vulnerability
Here's why seafarers have little confidence in autonomous ships
MYC amplification in metastatic prostate cancer associated with reduced tumor immunogenicity
The gut can drive age-associated memory loss
[Press-News.org] 'Revenge Porn' Raises Questions Involving Free Speech and PrivacyLawmakers looking for ways to criminalize revenge porn.