Did you know that Minnesota has a statute that makes it a crime to distribute private sexual images of another person without their consent?
This statute, § 617.261, was under review by the Minnesota Supreme Court when a woman’s boyfriend put her sex tape with another man on the internet as a form of revenge (State v. Casillas). The boyfriend was charged with a felony under the statute but argued that he should not have been charged since the statute is unconstitutional. Mainly, he claimed it violated his First Amendment right to free speech.
This morning, December 30, 2020, the Supreme Court reached their decision on this pivotal issue. In short, the Supreme Court held the statute as constitutional.
Overall, the Supreme Court was not persuaded by the boyfriend’s argument that the statute is overbroad and does not support an interest of the government to the point that it restricted his free speech.
Instead, the Supreme Court upheld the statute because it balances people’s right to free speech with their right to health and safety. The Supreme Court concluded that “the nonconsensual dissemination of private sexual images…presents a grave threat to everyday Minnesotans whose lives are affected by the single click of a button.” And since the statute protects this grave threat, it continues to be a part of Minnesota law.