In an opinion released today, the state’s appeals court decided what is known as the “revenge porn” law was unconstitutional.
In the statute, it is illegal to intentionally distribute identifiable nude photographs without the photographed subject’s consent. The statute was passed in the 2016 state legislative session.
In a Dakota County court, Michael Cassilas’ defense claimed that the statute was a violation of his First Amendment rights. The district court threw that out, because the statute is intended for obscenity, which the First Amendment does not protect.
In the opinion released today, the Minnesota Court of Appeals found the statute was “facially overbroad, in violation of the First Amendment to the United States Constitution.”
Read the entire opinion here: REVENGE PORN LAW OVERTURNED
The Minnesota Supreme Court will hear the case next, to determine the future of the statute.
