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Big legal setback for former Rep. Sauer as state’s revenge porn law is upheld

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Illinois

* Last week…

The outcome of the case against former state Rep. Nick Sauer, charged with posting lewd images of two former girlfriends online without their consent, could be affected by a forthcoming Illinois Supreme Court ruling.

Daniel M. Locallo, who is leading the legal team representing Sauer, told Lake County Judge Patricia Fix during a status hearing Tuesday that the Illinois Supreme Court is expected to rule soon in the case of People v. Bethany Austin.

* Friday…

In a decision with implications for the case of a disgraced former state lawmaker from the suburbs and others like him, the Illinois Supreme Court has ruled that disseminating private sexual images without permission — better known as revenge porn — is not constitutionally protected free speech.

The 5-2 ruling handed down Friday stems from the case of a McHenry County woman who sent friends and family nude images of a woman she caught having an affair with her then-fiance. […]

“Viewed as a privacy regulation, (the law) is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records, biometric data, or Social Security numbers,” [Justice P. Scott Neville, Jr.] writes. “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.”

The opinion is here.

* Hannah Meisel at the Daily Line…

However, Justice Rita Garman disagreed with her colleagues in a five-page dissent on that point, and was joined by Justice Mary Jane Theis in her dissent that on whether the law was truly content neutral.

“Contrary to the majority’s belief, the content of the image is precisely the focus of [the law],” Garman wrote. “It is not a crime under this statute to disseminate a picture of a fully clothed adult man or woman, even an unflattering image obtained by the offender under circumstances in which a reasonable person would know or understand the image was to remain private and he knows or should have known the person in the image had not consented to its dissemination. However, if the man or woman in the image is naked, the content of that photo makes it a possible crime.”

Garman also hearkened back to a hypothetical posed to attorneys arguing for the state during oral arguments in May. If two people go out on a date, and one later sends the other a text message containing an “unsolicited and unappreciated nude photo,” what happens if the recipient then shows a friend the photo.

“Has the recipient committed a felony?” Garman wrote. “The State conceded that the recipient had [during oral arguments], assuming the recipient knew or should have known that the photo was intended to remain a private communication.”

* Politico…

Steven Landis, who represents Sauer, was unavailable to talk Sunday about the Supreme Court’s ruling but Kate Kelly, who said she was one of Sauer’s victims, welcomed Friday’s court decision. “I am grateful to the justices who took their time to clearly and concisely lay out why the law as written is constitutional. I look forward to Nick being convicted at the criminal trial now that this had been decided,” she said in a statement this morning.

posted by Rich Miller
Monday, Oct 21, 19 @ 9:55 am

Comments

Judge Locallo was never exactly a forward thinker when it came to women.

Comment by AlfondoGonz Monday, Oct 21, 19 @ 10:10 am
I always thought Locallo liked women just fine…er or was that fine women?

Comment by Ally McBeal Monday, Oct 21, 19 @ 10:46 am
The nude human image is… criminal?

Comment by Dotnonymous Monday, Oct 21, 19 @ 11:18 am
Revenge porn, nope cat fishing with stolen identity

Comment by Rabid Monday, Oct 21, 19 @ 11:30 am
“The nude human image is… criminal?”

Justice’s Garman dissenting argument that Illinois’ revenge porn law is not narrowly tailored enough to avoid punishing protected speech is very compelling.

Other states’ revenge porn laws require some malicious intent by the person distributing the images, but the Illinois statute does not address motive or whether the victim suffered harm.

“The absence of any such nefarious intentions proscribed by other states opens the door wide for innocent conduct to be criminalized.”

Without more, nekid ain’t no crime.

– MrJM

Comment by @misterjayem Monday, Oct 21, 19 @ 11:39 am
“I look forward to Nick being convicted at the criminal trial now that this had been decided,”
Hell has no fury…

Comment by 17% Solution Monday, Oct 21, 19 @ 11:54 am
==The nude human image is…criminal?==

I’m sure you’d feel differently if an ‘ex-’ posted an old picture of your spouse or son/daughter when they were over the age of 18.

Comment by Jocko Monday, Oct 21, 19 @ 12:23 pm
- Jocko - Monday, Oct 21, 19 @ 12:23 pm:

==The nude human image is…criminal?==

I’m sure you’d feel differently if an ‘ex-’ posted an old picture of your spouse or son/daughter when they were over the age of 18.

I was making a legal point…see Mr. JM for the correct answer…legally speaking.

I do not support or favor any type of revenge…naked or otherwise…for your record….if I must.

Comment by Dotnonymous Monday, Oct 21, 19 @ 12:46 pm
I don’t understand the question Garman posed, are they really saying that they think it’s ok to share someone else’s private nude photos as long as it’s just to one or a few other people?

Also, bravo to the women who came forward. Facing down a legislator with a former judge as an attorney, media attention, a police investigation, a legislative IG investigation, and now a Supreme Court decision can’t be easy. Our system does not make it easy for victims, which is why bad behavior can go unchecked for a long time.

Comment by TopHatMonocle Monday, Oct 21, 19 @ 3:54 pm
== are they really saying that they think it’s ok to share someone else’s private nude photos as long as it’s just to one or a few other people?==
The dissenting judges are questioning if this should be a felony. They aren’t saying it is ok. Of course it’s not ok.

Comment by Da Big Bad Wolf Monday, Oct 21, 19 @ 4:15 pm