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> Freedom of expression explicitly does not cover the sort of revenge porn that Gawker habitually engaged in.

Implicitly. If it was explicit, then the exception would be directly written into the text of the 1st Amendment.

"Freedom of expression" is guaranteed, but not defined, by the first amendment. It's defined by 250 years of jurisprudence and precedent. Courts have repeatedly, explicitly, said that this sort of thing is not covered by the first amendment.

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