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Chapter 8 – Clash of Images and the Constitution

Chapter 8, while it focuses on the abuse of underage children, both physically and digitally (sharing of explicit images), it also raises the realistic issue of inadvertent exposure through the internet. The text raises the issue of Angie Varona, her issues are somewhat tastelessly explored here: https://www.oppagirls.com/angie-varona-internet-sensation-2007/ (Links to an external site.)

She shared photos of herself that were not secured against prying eyes and the pictures rapidly went worldwide. This is also something that happens with “revenge porn.” The problem with Angie Varona was inattention to security. The problem with revenge porn is that couples in sexual relationships tend to share images of themselves with each other that should never be shared outside of that relationship, but when the relationship goes sour, they may get shared by the lover seeking revenge. For example: https://mashable.com/category/revenge-porn/ (Links to an external site.)

Many states have enacted “revenge porn laws” and reflect the importance lawmakers attach to these despicable acts against former romantic partners: https://www.businessinsider.com/map-states-where-revenge-porn-banned-2019-10 (Links to an external site.)

However, as discussed in an earlier chapter, the First Amendment prohibits nearly all limits on free speech and “free speech” includes pictures. Some of these punishing the sharing of “revenge porn” may not survive Constitutional scrutiny:
http://www.abajournal.com/web/article/first-amendment-defense-claims-could-threaten-revenge-pornography-statutes (Links to an external site.)
https://www.washingtonpost.com/nation/2019/12/26/is-revenge-porn-protected-speech-supreme-court-may-soon-weigh/ (Links to an external site.)

For this chapter’s discussion, take a position on child pornography and revenge porn, how do we “fix” this problem? I recommend reading the links provided herein and then posting your analysis in 5-7 sentences.

As with the two prior chapters, you only need to post once BUT look ahead to the last chapter for the written assignment that spans this week’s set of chapters.

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