Imagine that you have just gone through a terrible breakup with a long-time partner. Your relationship had been falling apart for a while, and you finally had that last explosive argument and ended the relationship permanently. While extremely upset, you decide to make an attempt to move on with your life. You gather your belongings and move into a new apartment.
While you are walking in the door of your new apartment, you receive a call from a good friend who was a mutual friend of your ex-partner. She tells you that your ex-partner blasted all of your mutual friends with videos of you having sex with your partner.
Your ex-partner also uploaded the video to popular porn websites. You are absolutely devastated, and you are wondering, is revenge porn criminal behavior? Smartphones and the internet have allowed for amazing innovations in communication and entertainment. On the other hand, easy access to video records can make it easier for people to use revenge porn against those who have angered them.
The Supreme Court of Illinois Will Likely Rule on Illinois’ Revenge Porn Law
A case involving revenge porn is currently heading to the Supreme Court of Illinois. The plaintiff filed a motion in March of 2019 challenging the Illinois revenge porn law. The woman who filed the motion was charged with the felony of “nonconsensual dissemination of private sexual things.” This law is known as a prohibition against so-called sextortion or revenge porn.
She claims that when she shared revenge porn, she was exercising her “freedom of speech.” She claims that the First Amendment of the constitution protects everyone’s freedom of speech even when it is offensive, such as revenge porn. Illinois and 45 other states have laws in place that criminalize revenge porn. The Supreme Court has not ruled on the constitutionality of these types of state laws criminalizing revenge porn.
Does the Constitution Protect the Sharing of Revenge Porn?
The First Amendment of the Constitution does protect the freedom to engage in offensive speech. However, the Supreme Court has carved out some limited exceptions to the freedom of speech provision. For example, states can constitutionally prohibit threats, incitement of violence, public disclosure of private information, and obscenity.
When a state law restricts freedom of speech based on the speech or image, constitutional law presumes that the law is unconstitutional. The state must prove a “compelling government interest” in restricting the type of speech. Additionally, the restriction needs to be as minimal as possible. The Illinois revenge porn law does not limit revenge porn to those who issue revenge porn with an intent to harass like the laws of some other states, making it the strictest revenge porn law in the country.
If You are Facing Revenge Porn Charges, We are Here to Help
As of 2015, being convicted of distributing revenge porn in Illinois is a class 4 felony that results in one to three years in prison. We are waiting to see whether or not the Illinois Supreme Court will strike down the revenge porn law because it violates the First Amendment. In the meantime, our expert Cook County criminal defense attorneys are ready to represent you aggressively and effectively. To contact us, please fill out our online form for an initial consultation.
(image courtesy of Parker Byrd)