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Nonconsensual Pornography And The First Amendment: A Case For A New Unprotected Category Of Speech, Alix Iris Cohen
Nonconsensual Pornography And The First Amendment: A Case For A New Unprotected Category Of Speech, Alix Iris Cohen
University of Miami Law Review
Nonconsensual pornography, or the distribution of sexually graphic images of individuals without their consent, is not illegal at the federal level, nor is it illegal in the majority of states. Failure to pass laws prohibiting nonconsensual pornography, commonly referred to as “revenge porn,” leaves many victims without recourse. Opponents of legislation regulating revenge porn claim that it cannot be banned because it constitutes speech that is protected by the First Amendment. This Comment argues that nonconsensual pornography should be considered an unprotected category of speech, which would enable it to be prohibited without triggering First Amendment concerns. The method of …
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Articles
The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case …
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
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