Comment Re:Freedom of Speech? (Score 5, Insightful) 328
In the Larry Flynt case the naked women were deemed to be adults who allowed their image be taken and printed. He likely did the paper work for releases, and photographed the women overtly and with full knowledge that the images would be published. Honestly the freedom of speech that was being protected in that case were of the women, not of Flint. A negative ruling would have meant that an adult women, or in the case of hustler many men, would no longer be able to expose herself or be penetrated for compensation.
So the cases are not really comparable. In revenge porn the images may not have taken overtly. In revenge porn the woman might not have agreed to have the images spread beyond the local area. Furthermore, it might a violation of copyright. If the victim did know that she or he was being filmed, there is no guarantee that victim was not in fact the one who made arrangement for the film to be made and in fact the person with copyright. The person who releases the film may just be an participant who did not own the camera, or set up the production, and therefore has not right to communicate the film to the public.
So to be clear if a person arranged to video themselves masturbating or having sex with partner(s) that are aware the video is going public, then stopping that would be a violation of free speech, but otherwise not. If we did accept your argument, then we would also have to accept that it would be a violation of free speech to film film young girls in a dressing room or to take covertly film women going up an escalator so we can see up their dresses. In both cases, this is not acceptable, and the former is is not only because of age issues.