Punishing Revenge Porn as (Federal) Criminal Libel
In the case of U.S. v. Uhlenbrock, the Fifth Circuit Court upheld the conviction of Mark Uhlenbrock under 18 U.S.C. § 2261A(2)(B) for cyberstalking. Uhlenbrock had posted explicit images and fabricated stories about his ex-girlfriend without her consent, falsely portraying her as an “addicted exhibitionist” and inviting men to approach her during flights, as she was a flight attendant. The court determined that his actions constituted defamation, a category of speech not protected by the First Amendment, thereby justifying the criminal charges.
