Author ORCID Identifier

Jonathon Penney: 0000-0001-9570-0146

Document Type

Article

Publication Date

2025

Source Publication

75 Case W. Rsrv. L. Rev. 1179 (2025) Available at: https://scholarlycommons.law.case.edu/caselrev/vol75/iss4/5

Abstract

Intimate privacy violations exact profound costs to freedom, including chilling victims into silence; denying them sexual agency; and eroding trust critical to intimate expression and sharing. Effective intimate privacy protections could mitigate these harms via law’s expressive function—sending a message or “signal” that victims of intimate privacy invasions are valued, and their expressions worthy of protection. However, without proof, skepticism is warranted about potential expressive functions as there has been an absence of proof to back up these claims. This Article aims to help fill this void, making a theoretical and empirical case for a positive expressive impact of both legal and platform-based intimate privacy measures on intimate expression. Along the way, we offer new insights on the relationship between intimate privacy and expression and the law’s neglected expressive role in empowering speech activity and sharing, especially among victims of online abuse. We conclude by considering the implications of our findings, including empowering victims’ intimate expression through law; reducing negative stigmas around intimate expression; and recommendations for privacy and platform law reform.

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