Sex Blogger 1st Amendment Case Moving Forward

WASHINGTON — A U.S. District Court has shot down a defendant’s motion to dismiss an invasion of privacy lawsuit from a former co-worker concerning details of their sex life she posted on her blog.

The case could have far-reaching 1st Amendment implications for bloggers.

The defendant, Jennifer Cutler, worked in the office of Sen. Mike DeWine, R-Ohio, and operated the blog Washingtonienne, where she kept a running anonymous diary of her dalliances with a half dozen politicians and staffers, including attorney Robert Steinbuch.

Among the details of the affair Cutler revealed on the blog were that Steinbuch, who she referred to as RS, “likes spanking (both giving and receiving)” and had trouble maintaining an erection.

Steinbuch charges in his lawsuit that the use of his initials and description of his job made him “clearly identifiable” within Washington circles.

According to the suit, Cutler’s comments subjected Steinbuch to “humiliation and anguish beyond that which any reasonable person should be expected to bear in a decent, civilized society.”

The filing goes on to say, “It is one thing to be manipulated and used by a lover; it is another thing to be exposed to the world.”

Cutler’s lawyers had tried to get the case dismissed, arguing that Cutler had a right to publish her comments under the 1st Amendment and that Steinbuch had waited too long to file his suit.

While the court denied the motion, it said that Steinbuch should have take action against Cutler within a year of the postings. Since many of the comments were posted more than a year before Steinbuch filed suit, they will not be allowed as evidence.

As for the 1st Amendment implications, those will have to be worked out in court, where Steinbuch’s lawyer, Jonathan Rosen, plans to argue that the gross invasion of privacy and extreme mental anguish his client suffered outweigh Cutler’s right to free speech.

The case has adult industry ties.

Cutler’s sex diary first gained national attention last summer after it was featured on Washington gossip blog Wonkette, a member of the Gawker Media Group, which also owns popular porn blog Fleshbot.

After the Washingtonienne controversy broke, Cutler and Wonkette editor Ana Marie Cox were seen hitting the D.C. party circuit together, and photos of the two dancing and posing suggestively made their way onto the Internet.

Rumors also flew that Cutler had previously worked as a $400-an-hour escort. Late last year, Cutler posed nude for Playboy magazine for an undisclosed amount rumored to exceed $100,000. She also signed a book deal thought to have netted her an advance of around $300,000.

Cox, meanwhile, made a cottage industry of the scandal by making the late-night talking-head circuit. In one interview with Fox’s Tony Snow, she called Cutler “sick” and said she hoped Cutler would use whatever money she had made to seek psychiatric help.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XBIZ LA Conference Website Goes Live, Registration Now Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Rolls Out 'Aff Companion' Real-Time Mobile Notification App

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-Fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Show More