Man Jailed for Revenge Porn Says It’s ‘Unconstitutional.’ He Should Ask the Supreme Court About That

Thirty-four states and Washington, D.C., have passed laws criminalizing revenge porn after it became such a widespread phenomenon.

The state of Oregon passed a revenge porn law in 2015 and has just tried its first case.

Benjamin Barber, 31, was arrested in July after he posted explicit videos of himself and his ex-girlfriend to various pornographic websites.

Image Credit: Screenshot/CBS News

On Thursday, Barber was charged with five counts of  “unlawful dissemination of an intimate image” and sentenced to six months in jail, with five years of probation.

While Barber was the one who posted sexually explicit videos of another person without their consent, he maintains that he’s actually the victim in this case.

In a surprise interview with Emily Sinovic of KOIN 6, he said:

“The judge was increasingly offended by my arguments that if a person owns the copyright and its them that appears in the video that they shouldn’t be arrested or charged.”

However, this isn’t a case about copyright; it’s a case about privacy.

Right of privacy laws give individuals the right to control the use of their own image, and Barber’s ex-girlfriend never gave him explicit permission.

The reporter told Barber that most people would see his defense as “creepy.”

He agreed he may look creepy, but because of his “blown out eye,” not because of what he did.

Image Credit: Screenshot/KOIN 6

He added:

“Have you never texted someone, have you ever posted any images of yourself to someone? Does that make you creepy? Is it creepy to post commercial pornography? Is every porn star a creep?”

It seems Barber does not see the difference between commercial pornography and the video he posted.

Barber told KOIN 6 that he thinks the law is “literally unconstitutional.”

KOIN 6 also reported that Barber has plans to sue the state of Oregon for violating his First Amendment rights.

Unfortunately, distributing pornography doesn’t seem to be covered under freedom of speech.

In the case of Roth v. United States, the Supreme Court declared that the First Amendment does not include your ability to:

“Make or distribute obscene materials.”

In this case, the judge dismissed Barber’s argument.

What do you think?

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