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 © 2025 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

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More