“That is because restricting speech on purely private matters does not implicate
the same constitutional concerns as limiting speech on matters of public
interest: ‘[T]here is no threat to the free and robust debate of public issues; there
is no potential interference with a meaningful dialogue of ideas’; and the ‘threat
of liability’ does not pose the risk of ‘a reaction of self-censorship’ on matters
of public import.” Id. at 452 (quoting Dun & Bradstreet, Inc. v. Greenmoss
Builders, Inc., 472 U.S. 749, 760 (1985)).
“While such speech is not totally unprotected by the First Amendment [citation],
its protections are less stringent.” Dun & Bradstreet, 472 U.S. at 760.
¶ 55
The Supreme Court has articulated some guiding factors:
“Speech deals with matters of public concern when it can be fairly
considered as relating to any matter of political, social, or other concern to the
community [citation], or when it is a subject of legitimate news interest; that is,
a subject of general interest and of value and concern to the public [citation].
[Citations.] The arguably inappropriate or controversial character of a statement
is irrelevant to the question whether it deals with a matter of public concern.”
(Internal quotation marks omitted.) Snyder, 562 U.S. at 453.
Deciding whether speech is of public or private concern requires an examination of
the content, form, and context of that speech, as revealed by the entire record. Id.
“In considering content, form, and context, no factor is dispositive, and it is
necessary to evaluate all the circumstances of the speech, including what was said,
where it was said, and how it was said.” Id. at 454.
¶ 56
Applying these principles to the instant case, we have no difficulty in
concluding that the nonconsensual dissemination of the victim’s private sexual
images was not an issue of public concern. Matthew was telling his and defendant’s
families and friends that it was defendant’s fault that their relationship ended.
Defendant responded with a letter, in which she explained her version of events. To
this letter defendant attached the victim’s private sexual images along with text
messages between the victim and Matthew. The victim’s private sexual images, in
context with her and Matthew’s text messages, were never in the public domain.
They do not relate to any broad issue of interest to society at large. The message
they convey is not a matter of public import. Cf. id. (holding that messages on
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