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Document Type

Article

Media Type

text

Publication Title

Northern Illinois University Law Review

Abstract

The twenty-first century continues to evolve technologically and socially. However, the main constant in society is the public’s devotion to celebrity culture. Celebrity culture constantly has the public’s attention, from Travis Kelce’s and Taylor Swift’s relationship, to the controversies surrounding President Donald Trump. As a result, being a public figure in a technologically advanced society comes with a limited right to privacy. Public figures over the years have become victims of nonconsensual pornography with limited options for recovery and accountability. California Civil Code Section 1708.85 is a prime example of a statute that poses a challenge to a public figure if their nonconsensual images or videos are considered a matter of public concern. This affirmative defense has become a significant barrier for a public figure in their journey for justice pertaining to their non-consensual images. There is hope on the horizon for public figures and their ability to pursue a federal cause of action without the affirmative defense of public concern posing a challenge on their journey for justice. However, with hope comes possible constitutional challenges that can be remedied to ensure a celebrity’s right to privacy and First Amendment rights are respected.

First Page

419

Last Page

453

Publication Date

6-1-2025

Department

College of Law

Suggested Citation

Jose Garcia, Comment, Under the Limelight of Fame: Life, Success, and Revenge Porn—A Public Figure’s Right to Privacy Versus Speech on Matters of Public Concern, 45 N. Ill. Univ. L. Rev. 419 (2025).

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