companies that provide access to the Internet, public mobile services, or private
radio services. Id. § 11-23.5(d).
¶ 85
Based on the statutory terms set forth above, section 11-23.5 is narrowly
tailored to further the important governmental interest identified by the legislature.
Accordingly, we conclude the statute does not burden substantially more speech
than necessary.
¶ 86
Also, we observe that reasonable avenues of communication remain. As the
United States Supreme Court has “emphasized on more than one occasion, when a
content-neutral regulation does not entirely foreclose any means of communication,
it may satisfy the tailoring requirement even though it is not the least restrictive or
least instrusive means of serving the statutory goal.” Hill, 530 U.S. at 726. Under
section 11-23.5, “[p]eople remain free to produce, distribute, and consume a vast
array of consensually disclosed sexually explicit images. Moreover, they remain
free to criticize or complain about fellow citizens in ways that do not violate the
privacy rights of others.” Franks, supra, at 1326. Section 11-23.5, with its narrow
tailoring,
“does not come close to shutting down the vast number of ways in which people
may vent their anger and aggression. The Internet has provided innumerable
opportunities for aggressive and offensive interactions, and the First
Amendment largely protects those opportunities. The First Amendment does
not, however, protect the unauthorized distribution of personal, private, and
intimate images unrelated to any public interest.” Id. at 1326-27.
In this case, defendant makes no argument that her speech would have been in any
way stifled by not attaching the victim’s private sexual images to her letter. We
hold that section 11-23.5 satisfies intermediate scrutiny.
¶ 87
E. First Amendment Overbreadth
¶ 88
We have concluded that section 11-23.5 does not improperly restrict
defendant’s freedom of speech as guaranteed by the first amendment. However, in
support of the circuit court’s order, defendant alternatively contends that section
11-23.5(b) is facially unconstitutional because it is overbroad. We do not agree.
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