Supreme Court Could Rule on Whether 'Revenge Porn' Is Protected Speech

Supreme Court Could Rule on Whether 'Revenge Porn' Is Protected Speech

LOS ANGELES — The United States Supreme Court may soon rule on the constitutionality of revenge porn law.

In a Washington Post article published yesterday, the case of Bethany Austin was discussed. Austin, an Illinois resident, was charged with the felony of "nonconsensual dissemination of private sexual images" by an Illinois court. She had discovered her fiance had cheated on her, and after the fiance attempted to paint her as "crazy," she sent both of their families four pages of text messages between her fiance and his lover. The pages also included nude pictures of the woman the fiance had been cheating with.

Austin challenged the ruling on the grounds that Illinois' revenge porn law was an unconstitutional restriction of her freedom of speech. 

Two years after being charged, the original trial court dismissed the charge against Austin. The Illinois Supreme Court, however, reversed the ruling, and the charge was reinstated. In a 5-2 ruling, the court decided that the law meant to protect the privacy of the victim could not be constitutionally protected free speech.

"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," the higher court said in its ruling. "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."

Austin's attorney, Igor Bozic, has asked for a stay on the Illinois Supreme Court ruling while he files a petition for a writ of certiorari at the U.S. Supreme Court. 

"It covers the woman who reacts to an unwanted sexual text message by showing a friend," Bozic wrote. "It covers the woman who tries to deter that toxic behavior by forwarding the unsolicited image to the sender’s mother or girlfriend… And, of course, it gives controlling men — like Bethany Austin’s ex-fiancé — yet another legal tool for victimizing their intimate partners."

The Post spoke with Northwestern University law professor Andrew Koppelman, who wrote a law review article on the constitutionality of revenge porn laws which have now been passed in 46 states and the District of Columbia. He said that because the Illinois statute specifically mentions that the law is broken when the person disseminating the images knows that the person photographed did not give consent, it's not protected speech.

"There’s no good reason to construe free speech to protect malicious people who want to hurt people unless there’s no way to draw a line," Koppelman said. "The Illinois statute shows there is a sensible way to draw a line."

Image: US Bureau of Land Management

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

BranditScan Rolls Out Real-Time Telegram Leak Scans, Takedowns

BranditScan has launched Telegram Bot, a new feature that lets creators scan Telegram in real time for leaked content.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Show More