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90 Chi.-Kent L. Rev. 247 (2015)
The Need to Criminalize Revenge Porn: How a Law Protecting Victims Can Avoid Running Afoul of the First Amendment

handle is hein.journals/chknt90 and id is 261 raw text is: 










       THE NEED TO CRIMINALIZE REVENGE PORN: HOW A LAW
   PROTECTING VICTIMS CAN AVOID RUNNING AFOUL OF THE
                            FIRST AMENDMENT


                               ADRIENNE N. KITCHEN*


                                   INTRODUCTION

     Revenge Porn is a growing problem with potentially horrific conse-
quences.' There are thousands, perhaps tens of thousands, of victims.2 Vir-
tually unheard of only four years ago,3 revenge porn occurs when an ex-
paramour posts sexually explicit images of his former lover on the web,
often with disparaging descriptions and contact information for the vic-
tim's work and home, and sometimes even for her family members.4 The
purpose of revenge pom is to humiliate and harass former lovers.' Revenge
porn can happen when the victim willingly took a photo specifically for her
paramour, or when perpetrators captured the images using a hidden camera


* J.D. Candidate, May 2015, Chicago-Kent College of Law, Illinois Institute of Technology; CHICAGO-
KENT LAW REVIEW Executive Notes and Comments Editor, 2014-2015; Master of Science in Journal-
ism, Medill School of Journalism, Northwestern University; Bachelor of Music Performance, Lamont
School of Music, University of Denver.
     I. Janice Richardson, If I Cannot Have Her Everybody Can: Sexual Disclosure and Privacy
Law, in FEMINIST PERSPECTIVES ON TORT LAW 145, 145 (Janice Richardson & Ericka Rackley eds.,
2012); Elizabeth M. Ryan, Sexting: How the State Can Prevent a Moment of Indiscretion from Leading
to a Lifetime of Unintended Consequences for Minors and Young Adults, 96 IOWA L. REV. 357, 363-64
(Nov. 2010); Eric Schulzke, California Lawmakers Target 'Revenge Porn' but Miss, Critics Say,
DESERET NEWS, Sept. 20 2013, http://www.deseretnews.com/article/86558601 9/Califomia-lawmakers-
target-revenge-pom-but-miss-critics-say.html (quoting Erica Johnstone).
    2. Robert Lang, Lawmaker, A.G. Candidate Wants Crack down on Revenge Porn , WBAL
NEWS, Oct. 29, 2013, http://www.wbal.com/article/ 03619/37/template-story/Lawmaker-A.
    3. Lorelei Laird, Victims are Taking on 'Revenge Porn' Websites for Posting Photos They
Didn't Consent To, A.B.A. J. (Nov. 1, 2013),
http://www.abajoumal.com/magazine/article/victims-are-taking-on-revenge-pom-websites-fyr-posti
ng-photosjthey-didnt-c/?utm source-'maestro&utmmedium=email&utm campaign-ech monthly.
    4. As the vast majority of victims are women, I will refer to the perpetrators as male and the
victims as female. Laird, supra note 3; Erica Goode, Victims Push Laws to End Online Revenge Posts,
N.Y. TIMES, Sept. 23, 2013, http://www.nytimes.com/2013/09/24/us/victims-push-laws-to-end-online-
revenge-posts.html?pagewanted=all&_r=0 (revenge porn often includes identifying details, like where
the women live and work, as well as links to their Facebook pages.).
    5. Ann Bartow, Copyright Law and Pornography, 91 OR. L. REV. 1, 44 (2012); Eric Goldman,
What Should We Do about Revenge Porn Sites Like Texxxan?, TECH., MKTG. & L. BLOG (Feb. 9, 2013),
http://blog.cricgoldman.org/archives/2013/02/whatshould-we.htm (defining revenge porn as porno-
graphic depictions of former lovers, ostensibly to get revenge on them.) [hereinafter Goldman, What
Should We Do].


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