645 (acknowledging that the statutory “provisions distinguish between speakers in
the television programming market. But they do so based only upon the manner in
which speakers transmit their messages to viewers, and not upon the messages they
carry ***.”). “So long as they are not a subtle means of exercising a content
preference, speaker distinctions of this nature are not presumed invalid under the
First Amendment.” Id.
¶ 50
Section 11-23.5 does not prohibit but, rather, regulates the dissemination of a
certain type of private information. Viewed as a privacy regulation, section 11-23.5
is similar to laws prohibiting the unauthorized disclosure of other forms of private
information, such as medical records (410 ILCS 50/3(d) (West 2016)), biometric
data (740 ILCS 14/15 (West 2016)), or Social Security numbers (5 ILCS 179/10
(West 2016)). The entire field of privacy law is based on the recognition that some
types of information are more sensitive than others, the disclosure of which can and
should be regulated. To invalidate section 11-23.5 would cast doubt on the
constitutionality of these and other statutes that protect the privacy rights of Illinois
residents.
¶ 51
Content-neutral laws are subject to an intermediate level of scrutiny because
they generally present a less substantial risk of excising certain ideas or viewpoints
from the public dialogue. Minnis, 2016 IL 119563, ¶ 33 (citing Turner
Broadcasting System, 512 U.S. at 642). Section 11-23.5(b) meets this standard.
¶ 52
b. Purely Private Matter
¶ 53
We conclude that section 11-23.5(b) is subject to an intermediate level of
scrutiny also because the statute regulates a purely private matter. Speech on
matters of public concern lies at the heart of first amendment protection. The first
amendment reflects a national commitment to the principle that debate on public
issues should be robust and uninhibited. Accordingly, speech on public issues
occupies the highest position of the hierarchy of first amendment values and is
entitled to special protection. Snyder v. Phelps, 562 U.S. 443, 451-52 (2011) (and
cases cited therein).
¶ 54
However, first amendment protections are less rigorous where matters of purely
private significance are at issue:
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