Pace Law Review Volume 35 Issue 1 Fall 2014 Article 8 Symposium: Social Media and Social Justice September 2014 The Constitution and Revenge Porn John A. Humbach Pace University School of Law,
[email protected] Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Constitutional Law Commons, Criminal Law Commons, First Amendment Commons, Internet Law Commons, Law and Society Commons, and the Legal Remedies Commons Recommended Citation John A. Humbach, The Constitution and Revenge Porn, 35 Pace L. Rev. 215 (2014) Available at: https://digitalcommons.pace.edu/plr/vol35/iss1/8 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. 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.”1 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 * Professor of Law at Pace University School of Law.