Abstract
Smartphones and similar technologies have allowed individuals to take naked pictures of medical patients, showering athletes, and sexual partners and then to place them, without their subjects’ permission, on the web. Illicit distributing of former partners’ photographs, known as ‘revenge porn’, has received the most attention. Many states have criminalized the practice, but their laws likely violate the First Amendment. Further, because these laws typically cannot be used against websites or other distributors, these laws cannot stop compromising images’ online proliferation. This article is the first to argue that publicity rights provide a better remedy …
Candeub, Adam, Nakedness and Publicity (December 3, 2018). Iowa Law Review, forthcoming.
First posted 2018-12-21 07:22:22
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