I have been remiss in not writing about a recent debate in the Blawgosphere regarding the constitutionality of recent anti-revenge porn legislation, spearheaded by Professor Mary Anne Franks of the University of Miami School of Law. Given the theme of this post, I leave it to the reader to “Google it yourself” to find out the historical background to the criminalization of revenge porn movement and mainstream media coverage.
What I’m more interested in for present purposes, is the developing story concerning the lack of “dissenting opinions” and critiques of the Franks Model of Revenge Porn Criminalization, highlighted over at the Law Prawf Collective known as “Concurring Opinions”. Read an interview of Franks on Revenge Porn over at Concurring Opinions here.
Enter Scott Greenfield, the author of Simple Justice who has painstakingly analyzed and critiqued the legislative model to criminalize revenge porn on a number of levels, specifically, highlighting the criminal law and First Amendment problems inherent in Franks’s model law. Greenfield writes,