Chapter 859 & 863: Model Revenge Porn Legislation or Merely a Work in Progress

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Summary

Though the use immodest photographs against prior lovers is not a new phenomenon, the internet has turned such indiscretions into nightmares for the individuals involved. Until recently, victims of revenge pornography have struggled to find justice through existing state and federal laws. California state legislators intend for Chapters 859 and 863 to provide better protection for victims of revenge pornography. Those opposed to such legislation argue that laws like Chapters 859 and 863 violate the right to free speech. However, advocates for laws against revenge porn claim that the First Amendment does not protect this type of speech and victims’ privacy rights need protection.  Chapter 859 may strike the proper balance between providing victims with remedies while ensuring that legitimate speech is not restricted, while Chapter 863 will likely face serious constitutional challenges.

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