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

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying access to services due to a customer’s lawful business activities.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Show More