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: - 15 -

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