speech in violation of the First Amendment, and we cannot remedy the constitutional
infirmity through a narrowing construction or severance. We therefore hold that Minn.
Stat. § 617.261 is facially overbroad in violation of the First Amendment to the United
States Constitution. Consequently, Minn. Stat. § 617.261 is void.
Our holding in no way changes our view that Casillas’s conduct in violation of
Minn. Stat. § 617.261—of which he was convicted—is abhorrent. Nor should it be read
as failing to appreciate the significant harm that the nonconsensual dissemination of private
sexual images causes. The state legitimately seeks to punish that conduct. But the state
cannot do so under a statute that is written too broadly and therefore violates the First
Amendment. In the end, we are constitutionally obligated to faithfully apply the law.
DECISION
Because Minn. Stat. § 617.261 is facially invalid under the First Amendment to the
United States Constitution, we reverse Casillas’s conviction and sentence under that
statute, without addressing his remaining arguments for relief.
Reversed.
29
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