& Bisexual Group of Boston, 515 U.S. 557, 567 (1995); see Boy Scouts of America
v. Dale, 530 U.S. 640, 648-49 (2000). In any event, if the State arguably is
considered to have conceded the applicability of strict scrutiny, “it is well
established that we, as a court of review, are not bound by a party’s concession.”
People v. Carter, 2015 IL 117709, ¶ 22 (citing Beachem v. Walker, 231 Ill. 2d 51,
60-61 (2008)).
¶ 43
In contrast to content-based speech restrictions, “regulations that are unrelated
to the content of speech are subject to an intermediate level of scrutiny [citation]
because in most cases they pose a less substantial risk of excising certain ideas or
viewpoints from the public dialogue.” Turner Broadcasting System, 512 U.S. at
642. We conclude that section 11-23.5(b) is subject to an intermediate level of
scrutiny for two independent reasons. First, the statute is a content-neutral time,
place, and manner restriction. Second, the statute regulates a purely private matter.
¶ 44
a. Time, Place, and Manner
¶ 45
It is generally understood “that the First Amendment does not guarantee the
right to communicate one’s views at all times and places or in any manner that may
be desired.” Heffron v. International Society for Krishna Consciousness, 452 U.S.
640, 647 (1981). Laws that “impose burdens on speech without reference to the
ideas or views expressed are in most instances content neutral.” Turner
Broadcasting System, 512 U.S. at 643 (and cases cited therein). “The principal
inquiry in determining content neutrality, in speech cases generally and in time,
place, or manner cases in particular, is whether the government has adopted a
regulation of speech because of disagreement with the message it conveys.” Ward
v. Rock Against Racism, 491 U.S. 781, 791 (1989). Government regulation of
speech “is content neutral so long as it is justified without reference to the content
of the regulated speech.” (Emphasis in original and internal quotation marks
omitted.) Id.
¶ 46
Determining “whether a particular regulation is content based or content neutral
is not always a simple task.” Turner Broadcasting System, 512 U.S. at 642. We
recognize that section 11-23.5(b) on its face targets the dissemination of a specific
category of speech—sexual images. However, the statute is content neutral. “A
regulation that serves purposes unrelated to the content of expression is deemed
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