Brenda Dvoskin, ‘Speaking Back to Sexual Privacy Invasions’, 98 Washington Law Review (forthcoming 2023), available at SSRN (6 March 2023). Thanks in part to the ardent work of dedicated activists and scholars, there is a growing body of law and industry self-regulation governing violations of individuals’ sexual privacy, such as the unconsented distribution of another’s intimate images online. In her thoughtful piece, ‘Speaking Back to Sexual Privacy Invasions’, scholar Brenda Dvoskin powerfully argues that a key example of such regulation – many internet platforms’ self-imposed total ban on nudity – goes too far and is in many ways counterproductive to the goals of sexual privacy. As Dvoskin explains in her effort to deepen sexual privacy legal theory and make its application more consistent with its professed values of fostering (consensual) sexual expression, any effort to completely abate the harms flowing from sexual privacy violations requires not just preventing unconsented disclosures ex ante, ‘but also transforming the meaning of public representations of sexuality’ … (more)
[Scott Skinner-Thompson, JOTWELL, 30 August 2023]
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