Tag: Eugene Volokh

  • Is New Jersey’s Revenge-Porn Statute Constitutional?

    In Are Statutes Criminalizing Revenge Porn Constitutional? I considered Mary Anne Franks’s proposed statute aimed at revenge porn, and concluded that lower courts considering the constitutionality of the statute will be constrained by current Supreme Court precedent to find the statute unconstitutional. At least three states—New Jersey, California, and Texas—have statutes that would criminalize revenge […]

  • Are Statutes Criminalizing Revenge Porn Constitutional?

    There’s a movement afoot to pass statutes outlawing “revenge porn”—the malicious publication of images of intimate partners. Here’s the proposed state statute, drawn up by Florida law prof Mary Anne Franks: Whoever intentionally discloses a photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or […]