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Florida Revenge Porn Law Doesn't Cover Simulated Sexual Conduct That's Implied Rather Than Shown

(to oversimplify slightly); so a Magistrate Judge concluded in case where defendant "posted a video to a blog allegedly depicting Plaintiff 'as Adolf Hitler by adding a Hitler mustache to Plaintiff's photograph and engaging in oral sex with a journalist.'"

Eugene Volokh | 9.3.2026 8:33 AM

From the Report and Recommendation by Magistrate Judge Zachary C. Bolitho (N.D. Fla.) yesterday in Hales v. Luthmann (the same Luthmann from the Staten Island trial by combat case):

Plaintiff Jeremy Hales operates an online business that generates revenue by posting content on social media websites …. Plaintiff has over 730,000 subscribers for his "What the Hale$" channel on YouTube and over 327,000 followers for his "What the Hale$" page on Facebook.

Defendant Richard Luthmann also maintains an online presence by, among other things, posting content on a blog. In early 2025, Defendant Luthmann allegedly sent emails about Plaintiff to the Anti-Defamation League and to people who post content on YouTube. Around the same time, Defendant Luthmann also posted a video to a blog allegedly depicting Plaintiff "as Adolf Hitler by adding a Hitler mustache to Plaintiff's photograph and........

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