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35 Pace L. Rev. 215 (2014-2015)
The Constitution and Revenge Porn

handle is hein.journals/pace35 and id is 219 raw text is: The Constitution and Revenge Porn John A. Humbach* Many are those who must endure speech they do not like, but that is a necessary cost of freedom. ' Revenge porn refers to sexually explicit photos and videos that are posted online or otherwise disseminated without the consent of the persons shown, generally in retaliation for a romantic rebuff.2 The problem of revenge porn seems to have emerged fairly recently,3 no doubt facilitated by the widespread practice of sexting.4 In sexting, people make and send explicit pictures of themselves using digital devices.5 These devices, in their very nature, permit the pictures to be easily shared with the entire online world. Although the move from sexting to revenge porn might seem as inevitable as the shifting winds and * Professor of Law at Pace University School of Law. 1. Sorrell v. IMS Health Inc., 131 S. Ct. 2653, 2669 (2011). 2. See State 'Revenge Porn' Legislation, NAT'L CONFERENCE OF STATE LEGISLATURES (Aug. 15, 2014), http://www.ncsl.org/research/telecommunications-and-information- technology/state-revenge-porn-legislation.aspx. 3. There were relatively few searches on the term revenge porn until about 2013, when searches on the term skyrocketed. See Revenge Porn, GOOGLE TRENDS, http://www.google.com/trends/explore#q=revenge%20porn (last visited Aug. 27, 2014). 4. See, e.g., David Rosen, We Are All Sexters Now: America's Favorite Amateur Porn, SALON (Aug 16, 2014), available at http://www.salon.com/2014/08/16/we are-all sexters-now-americasfavorite_ amateur-porn. According to a 2010 survey, 43% of teens and 28% of parents engaged in sexting behavior. Stephanie Steinberg, 'Sexting' Surges Nationwide, and It's Not Just Teens Doing It, USA TODAY (July 20, 2010), http://usatoday30.usatoday.com/lifeflifestyle/2010-07-21- texting2l1-ST N.htm. The numbers are likely larger today. See Matthew Mientka, 'Sexting' Now Mainstream as Half of U.S. Adults Send and Receive, MED. DAILY (Feb. 5, 2014), http://www.medicaldaily.com/sexting-now- mainstream-half-us-adults-send-and-receive-268703. 5. For my earlier discussion of sexting, see John A. Humbach, Sexting and the First Amendment, 37 HASTINGS CONST. L.Q. 433 (2010). 215

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