¶ 31 The United States Supreme Court has held that the dissemination of information is speech within the meaning of the first amendment. Sorrell v. IMS Health, Inc., 564 U.S. 552, 570 (2011); see Bartnicki v. Vopper, 532 U.S. 514, 527 (2001). Accordingly, “[a]n individual’s right to speak is implicated when information he or she possesses is subjected to ‘restraints on the way in which the information might be used or disseminated.’ ” Sorrell, 564 U.S. at 568 (quoting Seattle Times Co. v. Rhinehart, 467 U.S. 20, 32 (1984)). Also, the Supreme Court has held that first amendment protections for speech extend fully to Internet communications See Reno v. American Civil Liberties Union, 521 U.S. 844, 870 (1997) (explaining that Supreme Court case law “provide[s] no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium”); Minnis, 2016 IL 119563, ¶ 23 (same). We also recognize that “whatever the challenges of applying the Constitution to ever-advancing technology,” the basic first amendment principles of freedom of speech do not vary “when a new and different medium for communication appears.” Brown v. Entertainment Merchants Ass’n, 564 U.S. 786, 790 (2011). ¶ 32 1. No Categorical Exception ¶ 33 In the case at bar, the State asks this court to recognize the nonconsensual dissemination of private sexual images as “a category of speech that has not been protected as a historical matter.” There are categories of speech that are “ ‘of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.’ ” R.A.V., 505 U.S. at 383 (quoting Chaplinsky v. New Hampshire, 315 U.S. 568, 572 (1942)). These categories include incitement, obscenity, defamation, speech integral to criminal conduct, fighting words, child pornography, fraud, true threats, and speech presenting some grave and imminent threat the government has the power to prevent. United States v. Alvarez, 567 U.S. 709, 717 (2012) (collecting cases); Stevens, 559 U.S. at 468 (same). These categories of speech are well-defined and narrowly limited, and “ ‘the prevention and punishment of which have never been thought to raise any Constitutional problem.’ ” Stevens, 559 U.S. at 468-69 (quoting Chaplinsky, 315 U.S. at 571-72). These categories are outside the area of constitutionally protected speech, and the protection of the first amendment does not extend to them. R.A.V., 505 U.S. at 383. - 10 -

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