Last week, the Minnesota Supreme Court reversed a previous decision held by the state Court of Appeals in regards to the current revenge porn statute. The state’s highest court held that sharing nude images of a person without their consent is not a constitutionally-protected form of free speech.
Before we dive into the state Supreme Court’s decision, let’s back up a back and explain the case and how we got to the highest court in Minnesota. Originally, Michael Anthony Casillas was convicted in 2017 of felony nonconsenual dissemination of private sexual images. He was sentenced to two years in prison for his crime, and he asked the Dakota County District Court to dismiss the case on the grounds that the revenge porn law was too broad and violated his constitutional rights. Dakota County District Court dismissed his motion.
Casillas Wins His Appeal
Casillas didn’t stop there however, and he took his case to the Minnesota Court of Appeals. Interestingly, the Court of Appeals agreed with Casillas and reversed his conviction, stating that the way the law was written used an overly broad definition of obscenity, and that the law did not require proof that a person sharing the private sexual images “caused or intended a specific harm.”
The case was then referred to the Minnesota Supreme Court, who disagreed with the Court of Appeals and sent the case back to them with the instructions to consider other claims made by Casillas. In their decision, the Minnesota Supreme Court argued that while unpopular opinions are protected by free speech, revenge porn is not.
“The nonconsensual dissemination of private sexual images, however, presents a grave threat to everyday Minnesotans whose lives are affected by the single click of a button,” the court wrote. “When faced with such a serious problem, the government is allowed to protect the lives of its citizens without offending the First Amendment as long as it does so in a narrow fashion.”
The decision will allow outstanding cases that have been in a holding pattern for about a year now to move forward with prosecution.
Dakota County Attorney Jim Backstrom, who prosecuted Casillas at his initial trial, said he was pleased with the Supreme Court’s ruling.
“This decision is an extremely important victory for this crime’s many victims,” he said in a statement. “I am thankful for the Minnesota Legislature’s enactment of this important law and grateful to the Minnesota Supreme Court for upholding its constitutionality today.”
So before you share that picture of your ex-girlfriend with your buddies because you’re angry, know that you could face serious jail time for doing so. And if you made a mistake and now need legal assistance, pick up the phone and give Avery and the team at Appelman Law Firm a call today at (952) 224-2277.
