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 Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Show More