No. 19-1029

Bethany Austin v. Illinois

Lower Court: Illinois
Docketed: 2020-02-19
Status: Denied
Type: Paid
Amici (5)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: content-based first-amendment free-speech non-consensual-dissemination privacy revenge-porn strict-scrutiny technology
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

1. Whether strict First Amendment scrutiny applies to a criminal law that prohibits nonconsensual dissemination of non-obscene nude or sexually-oriented visual material?

2. Whether the First Amendment requires a law that prohibits nonconsensual dissemination of non-obscene nude or sexually-oriented visual material to impose a requirement of specific intent to harm or harass the individual(s) depicted?

Question Presented (AI Summary)

Whether strict First Amendment scrutiny applies to a criminal law that prohibits nonconsensual dissemination of non-obscene nude or sexually-oriented visual material?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-27
Reply of petitioner Bethany Austin filed. (Distributed)
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Brief of respondent State of Illinois in opposition filed.
2020-04-27
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2020. See Rule 30.1.
2020-04-24
Motion to extend the time to file a response from May 4, 2020 to July 3, 2020, submitted to The Clerk.
2020-04-02
Response Requested. (Due May 4, 2020)
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-20
Brief amicus curiae of Woodhull Freedom Foundation filed.
2020-03-20
Brief amicus curiae of Institute for Justice filed.
2020-03-20
Brief amici curiae of First Amendment Lawyers Association and the Marion B. Brechner First Amendment Project filed.
2020-03-20
Brief amici curiae of The Cato Institute filed.
2020-03-20
Letter of petitioner Bethany Austin received.
2020-03-19
Brief amici curiae of American Booksellers Association, et al. filed.
2020-03-19
Waiver of right of respondent Illinois to respond filed.
2020-03-04
Blanket Consent filed by Petitioner, Bethany Austin.
2020-02-14
Petition for a writ of certiorari filed. (Response due March 20, 2020)
2020-01-14
Application (19A777) granted by Justice Kavanaugh extending the time to file until February 14, 2020.
2020-01-10
Application (19A777) to extend the time to file a petition for a writ of certiorari from January 16, 2020 to February 14, 2020, submitted to Justice Kavanaugh.

Attorneys

American Booksellers Association, The Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Media Coalition Foundation, Inc., and National Press Photographers Association,
Michael A BambergerDentons US LLP, Amicus
Bethany Austin
Robert Lawrence Corn-RevereDavis Wright Tremaine, LLP, Petitioner
First Amendment Lawyers Association and the Marion B. Brechner First Amendment Project
Mark William BennettBennett & Bennett, Amicus
Illinois
Michael Marc Glick — Respondent
Institute for Justice
Samuel Bracken GedgeInstitute for Justice, Amicus
State of Illinois
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
The Cato Institute
Ilya ShapiroCato Institute, Amicus
Woodhull Freedom Foundation
Lawrence G. WaltersWalters Law Group, Amicus