protest signs at a private funeral related to broad issues of interest to society at large
and were matters of public import). Rather, the public has no legitimate interest in
the private sexual activities of the victim or in the embarrassing facts revealed about
her life. See United States v. Petrovic, 701 F.3d 849, 856 (8th Cir. 2012)
(nonconsensual dissemination of a victim’s private nude photos “may be proscribed
consistent with the First Amendment”).
¶ 57
In sum, section 11-23.5(b) does not pose such inherent dangers to free
expression or present such potential for censorship or manipulation as to justify
application of strict scrutiny. Therefore, the appropriate standard to apply is the
intermediate level of first amendment scrutiny. See Turner Broadcasting System,
512 U.S. at 661-62.
¶ 58
3. Applying Intermediate Scrutiny
¶ 59
In the context of the first amendment’s guaranty of freedom of speech,
intermediate scrutiny is variously described in similar forms. Generally, to survive
intermediate scrutiny, the law must serve an important or substantial governmental
interest unrelated to the suppression of free speech and must not burden
substantially more speech than necessary to further that interest or, in other words,
must be narrowly tailored to serve that interest without unnecessarily interfering
with first amendment freedoms, which include allowing reasonable alternative
avenues of communication. See id. at 662; Ward, 491 U.S. at 791; City of Renton,
475 U.S. at 50; Heffron, 452 U.S. at 647-48; Minnis, 2016 IL 119563, ¶ 36; People
ex rel. Ryan v. World Church of the Creator, 198 Ill. 2d 115, 121 (2001).
¶ 60
Accordingly, in the context of the first amendment, fit matters. Even when the
Supreme Court is not applying strict scrutiny, the court still requires a fit that is not
necessarily perfect but reasonable, a fit that represents not necessarily the single
best disposition but one whose scope is in proportion to the interest served, a fit that
employs not necessarily the least restrictive means but a means narrowly tailored
to achieve the desired objective. McCutcheon v. Federal Election Comm’n, 572
U.S. 185, ___, 134 S. Ct. 1434, 1456-57 (2014).
¶ 61
In the case at bar, we conclude that section 11-23.5 serves a substantial
government interest. “It is a traditional exercise of the States’ police powers to
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