Law professors Danielle Citron and Neil Richards write:
… Can Lawrence (and any other individual whose sexual privacy has been egregiously invaded) sue Perez Hilton, the “Fappening” posters and anyone else who reposted her nude photos without her permission? And what about the First Amendment?
Assuming Lawrence took the photos herself, she could sue both the initial posters and the reposters for violating her copyright in the photos. For photos remaining online, she could file notice-and-takedown requests and sue the hosts if her requests were ignored. Lawrence could also sue the reposters for invading her privacy. Under the public disclosure of private facts tort, a defendant may be held liable for publishing someone’s private images if it would highly offend a reasonable person and if the images could not reasonably be considered a legitimate matter of public concern. Under current law, nude photos published without subjects’ consent would provide strong grounds for recovery.
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