¶7
Upon learning of the letter and its enclosures, Matthew contacted the police.
The victim was interviewed during the ensuing investigation and stated that the
pictures were private and only intended for Matthew to see. The victim
acknowledged that she was aware that Matthew had shared an iCloud account with
defendant, but she thought it had been deactivated when she sent him the nude
photographs.
¶8
Defendant was charged by indictment with one count of nonconsensual
dissemination of private sexual images. 720 ILCS 5/11-23.5(b) (West 2016). She
moved to dismiss the charge, asserting, inter alia, that the statute is facially
unconstitutional because it is a content-based restriction of speech that is not
narrowly tailored to serve a compelling government interest, in violation of the
federal and state constitutions. U.S. Const., amend. I; Ill. Const. 1970, art. I, § 4.
¶9
The State opposed defendant’s motion, arguing that the type of speech restricted
by the statute is not constitutionally protected and that the statute is narrowly
tailored to serve a compelling government interest.
¶ 10
The circuit court agreed with defendant that section 11-23.5(b) imposes a
restriction on speech based on its content and is not narrowly tailored to serve a
compelling government interest. In compliance with Illinois Supreme Court Rule
18 (eff. Sept. 1, 2006), the circuit court found section 11-23.5(b) unconstitutional
on its face. Because section 11-23.5(b) was held invalid, the State appeals directly
to this court. Ill. S. Ct. R. 603 (eff. Feb. 6, 2013). We granted the Cyber Rights
Initiative leave to submit an amicus curiae brief in support of the State. Ill. S. Ct.
R. 345 (eff. Sept. 20, 2010).
¶ 11
II. ANALYSIS
¶ 12
Before this court, the State argues that the circuit court erred in finding section
11-23.5(b) facially unconstitutional because the public distribution of truly private
facts is not constitutionally protected. In the alternative, the State asserts that, even
if such speech is protected, section 11-23.5(b) is constitutionally valid because it is
narrowly tailored to serve a compelling government interest.
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