State v. Van Buren
Vermont Superior Court
Docket No. 1144-12-15Bncr. (2016)
- Written by Alex Ruskell, JD
Facts
Rebekah Van Buren (defendant) discovered that her boyfriend’s ex-girlfriend had sent nude photos to his Facebook account while Van Buren and he were dating. Although her boyfriend said Van Buren was not authorized to get into his Facebook account, Van Buren got in, copied the nude photos, tagged them with the ex-girlfriend’s name, and published them on a public Facebook page, where they were seen by others. Van Buren was charged with violating Vermont’s revenge-porn statute. The statute prohibits “knowingly disclos[ing] a visual image of an identifiable person who was nude or was engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm.” Van Buren admitted that she posted the pictures to get revenge on the ex-girlfriend and teach her a lesson. At trial, Van Buren moved to dismiss, arguing that the Vermont law was unconstitutional under the First Amendment because it was an overbroad restraint on free speech and not tailored to a compelling or important government interest.
Rule of Law
Issue
Holding and Reasoning (Howard, J.)
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