The case for it being illegal is that its targets are not public officials holding offices of public trust. Banning political speech is always a dicey business.
This is the same argument I keep having with Team MAGA. Criticize the original source all you want, but at the end of the day, the job of the media is to ask "is it true?"
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It’s just a terrible standard. No wonder we have email hacks and revenge porn. And whether the fact that they had an affair is true or not isn’t the full answer. It’s not as cut and dry as non-consensual behavior a la Trump or even Al Franken (who I called on to resign early on).
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I'm all for more responsible journalism, but if you have to prove open-and-shut absence of consent to even begin publishing a story, you'll end up like NBC deep-sixing the Harvey Weinstein story.
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