Goldstein, Jaclyn A.

I argue that when an individual enters into a relationship, they should be able to share private or embarrassing facts with their partner without fear of waiving their right to privacy: members of an intimate relationship have a moral obligation not to publish, whether orally or in writing, intimate information about one another to third parties. This moral obligation further extends to photographs or videos, and I focus on the case of revenge porn. I also argue that a legal obligation is necessary to protect an individual’s privacy interests. Currently, an individual’s privacy rights are protected by four privacy torts, including the publication of private facts tort. However, in many cases one’s First Amendment right to free speech outweighs one’s right to privacy and so I propose that individuals who enter into an intimate relationship should have an additional legal form of protection.