Volume 43, Issue 2 (Spring 2025)
By Scott Lowder*
This Note examines the phenomenon of nonconsensual pornography, or “revenge porn,” and proposes a novel approach to addressing its consequences. Existing laws and discussions on revenge porn have focused too heavily on punishment and deterrence. As technological advances make it even more difficult to hold perpetrators criminally and civilly liable, lawmakers and advocates should focus on providing victims with the strongest tools to combat the aftereffects of revenge porn.
While Title VII may provide an existing remedy for some victims that have suffered employment discrimination, the growing challenges surrounding revenge porn call for new and more comprehensive legislation. Specifically, federal and state law should define victims of revenge porn as an explicit class for purposes of antidiscrimination law. This Note proposes, using the Equality Act as a model, that antidiscrimination law can provide a new tool alongside existing remedies to protect and support these victims.
*Scott Lowder is an Associate at Sidley Austin LLP; J.D. 2024, Yale Law School; B.A. 2017, Georgetown University. I am deeply grateful to Douglas NeJaime and Amy Chua for their mentorship and guidance throughout my time in law school and the development of this Note. Thank you to the editors of Yale Law & Policy Review for your hard work and support during this process. Additional thanks to Reva Siegel, Christine Jolls, and Jed Rubenfeld. And most of all, thank you to my parents, Cheryl and Douglas Lowder, whose love and support have made everything in my life possible. All errors are my own.
