People v. Minnis , 2016 IL 119563 ( 2016 )


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  •                                      2016 IL 119563
    
    
    
                                           IN THE
                                   SUPREME COURT
                                               OF
                             THE STATE OF ILLINOIS
    
    
    
                                       (Docket No. 119563)
    
                   THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
                               MARK MINNIS, Appellee.
    
    
                                 Opinion filed October 20, 2016.
    
    
    
            JUSTICE FREEMAN delivered the judgment of the court, with opinion.
    
            Chief Justice Garman and Justices Thomas, Kilbride, Karmeier, Burke, and
         Theis concurred in the judgment and opinion.
    
    
    
                                            OPINION
    
    ¶1       Section 3(a) of the Sex Offender Registration Act (Registration Act or Act)
         requires sex offenders to disclose and periodically update information regarding
         their Internet identities and websites. 730 ILCS 150/3(a) (West 2014). This
         information is subject to public inspection as provided by the Sex Offender
         Community Notification Law (Notification Law or Law) (730 ILCS 152/101
         et seq. (West 2014)). The circuit court of McLean County entered an order finding
         that this Internet disclosure provision was overbroad in violation of the first
         amendment to the United States Constitution. U.S. Const., amend. I. The State
         appeals directly to this court. Ill. S. Ct. R. 603 (eff. Oct. 1, 2010). We now reverse
         the order of the circuit court and remand the cause to the circuit court for further
         proceedings.
    
    
    ¶2                                    I. BACKGROUND
    
    ¶3       On December 15, 2010, the circuit court adjudicated defendant, Mark Minnis, a
         delinquent minor for committing the offense of criminal sexual abuse (720 ILCS
         5/12-15(b) (West 2010)). 1 The court sentenced him to 12 months’ probation.
         Defendant’s adjudication for criminal sexual abuse rendered him a “sex offender”
         pursuant to the Registration Act (730 ILCS 150/2(A)(5), (B)(1) (West 2010)).
         Adhering to the statutory mandate (730 ILCS 150/3-5(a) (West 2010)), the court
         ordered defendant to register as a sex offender.
    
    ¶4       On December 17, 2010, defendant reported to the Normal police department to
         register. On his first sex offender registration form, defendant disclosed, inter alia,
         his two e-mail addresses and his Facebook account. The Registration Act required
         defendant to report thereafter at least once per year (730 ILCS 150/6 (West 2010)).
         Defendant’s May 2011 registration form listed the same Internet information.2
    
    ¶5       Defendant registered again on August 29, 2014. Defendant included his two
         e-mail addresses on the registration form, but he omitted his Facebook account. On
         September 9, Normal police officers viewed defendant’s publicly accessible
         Facebook profile online. They observed that defendant changed his Facebook
         cover photo only one month prior to his August 2014 registration. On September
         12, defendant was arrested and charged by information with failing to register as a
         sex offender pursuant to section 3(a) of the Act (730 ILCS 150/3(a) (West 2014)).
         On September 24, defendant was indicted for that offense, “in that he did not
         register an Internet site, a Facebook page, which he had uploaded content to.”
    
             1
              Defendant, then 16 years old, committed an act of sexual penetration or sexual
         conduct with the victim, who was 14 years old. The offense is a Class A misdemeanor. 720
         ILCS 5/12-15(b), (d) (West 2010).
            2
              These are the only two registration forms contained in the record.
    
    
    
    
                                                  -2-
    ¶6       In May 2015, defendant filed a pretrial motion to dismiss the indictment.
         Defendant argued that the Internet disclosure provision in section 3(a) of the
         Registration Act was overbroad and vague in violation of the United States
         Constitution. On July 7, 2015, the circuit court entered an order granting
         defendant’s motion to dismiss the indictment. The court rejected defendant’s
         argument that the challenged provision in section 3(a) was unconstitutionally
         vague. However, the court found that the Internet disclosure provision was
         overbroad in violation of the first amendment. In compliance with Illinois Supreme
         Court Rule 18 (eff. Sept. 1, 2006), the circuit court specifically found the entire
         Internet disclosure provision unconstitutional, both on its face and as applied to
         defendant, and based solely on the first amendment.3
    
    ¶7       Because this provision in section 3(a) was held invalid, the State appeals
         directly to this court. Ill. S. Ct. R. 603 (eff. Oct. 1, 2010). We granted the American
         Civil Liberties Union of Illinois and the Electronic Frontier Foundation leave to
         submit an amici curiae brief in support of defendant. Ill. S. Ct. R. 345 (eff. Sept. 20,
         2010). Additional pertinent background will be discussed in the context of our
         analysis of the issues.
    
    
    ¶8                                          II. ANALYSIS
    
    ¶9       Prior to addressing the merits of the circuit court’s finding of
         unconstitutionality, we must consider which part of section 3(a) of the Registration
         Act was properly before the circuit court. Pertinent to the instant case, section 3(a)
         requires a sex offender to disclose and periodically update two categories of
         Internet information—identities and websites—described as follows:
    
             “all e-mail addresses, instant messaging identities, chat room identities, and
             other Internet communications identities that the sex offender uses or plans to
    
             3
               The parties base their arguments exclusively on the first amendment. However, amici
         additionally invoke the free speech guaranty of the Illinois Constitution (Ill. Const. 1970,
         art. I, § 4). An amicus curiae is not a party but a friend of the court, who takes the case with
         the issues framed by the parties. Because the parties do not rely on the state constitutional
         free speech guaranty, we decline to discuss it. See In re J.W., 
    204 Ill. 2d 50
    , 72-73 (2003);
         Burger v. Lutheran General Hospital, 
    198 Ill. 2d 21
    , 61-62 (2001).
    
    
    
    
                                                      -3-
              use, all Uniform Resource Locators (URLs) registered or used by the sex
              offender, all blogs and other Internet sites maintained by the sex offender or to
              which the sex offender has uploaded any content or posted any messages or
              information ***.” 730 ILCS 150/3(a) (West 2014).
    
           The circuit court invalidated the disclosure requirement for both categories.
    
    
    ¶ 10                                 A. Defendant’s Standing
    
    ¶ 11       The State contends that the circuit court “lacked jurisdiction to rule on the
           constitutionality” of the entire Internet disclosure provision in section 3(a). The
           State observes that defendant was charged specifically with failing to register his
           Facebook account, which is an Internet site. Therefore, according to the State, “the
           circuit court had jurisdiction to rule only on the constitutionality” of the Internet
           disclosure provision as it pertains to websites and lacked jurisdiction to declare
           unconstitutional the disclosure provision as it pertains to Internet identities.
    
    ¶ 12       We disagree. The State overlooks that defendant bases his facial challenge to
           the entire Internet disclosure provision on first amendment overbreadth grounds.
           The first amendment provides, in pertinent part, that “Congress shall make no law
           *** abridging the freedom of speech” (U.S. Const., amend. I) and applies to the
           States through the due process clause of the fourteenth amendment. De Jonge v.
           Oregon, 
    299 U.S. 353
    , 364 (1937). The assertion of a first amendment overbreadth
           claim is not the application of a procedural rule but is a function of substantive first
           amendment law. Sabri v. United States, 
    541 U.S. 600
    , 610 (2004). A state court
           may not avoid a proper facial attack brought on federal constitutional grounds. New
           York v. Ferber, 
    458 U.S. 747
    , 767 (1982).
    
    ¶ 13       Generally, a party may not raise, and a court will not consider, a constitutional
           challenge to a statutory provision that does not affect that party. In re M.I., 2013 IL
           113776, ¶¶ 32, 34. Thus, a court will not consider a constitutional challenge to a
           criminal statutory provision under which a defendant has not been charged. See,
           e.g., People v. Blackorby, 
    146 Ill. 2d 307
    , 320-21 (1992); People v. Palkes, 
    52 Ill. 2d
     472, 480 (1972). This traditional rule reflects two cardinal principles: the
           personal nature of constitutional rights and prudential limitations on constitutional
           adjudication. Broadrick v. Oklahoma, 
    413 U.S. 601
    , 610-11 (1973).
    
    
    
    
                                                    -4-
    ¶ 14       “The First Amendment overbreadth doctrine, however, represents a departure
           from the traditional rule that a person may not challenge a statute on the ground that
           it might be applied unconstitutionally in circumstances other than those before the
           court.” Bates v. State Bar, 
    433 U.S. 350
    , 380 (1977). “This ‘exception to the usual
           rules governing standing,’ Dombrowski v. Pfister, [
    380 U.S. 479
    , 486 (1965)],
           reflects the transcendent value to all society of constitutionally protected
           expression.” Bigelow v. Virginia, 
    421 U.S. 809
    , 816 (1975). As the United States
           Supreme Court has explained:
    
                  “We have provided this expansive remedy out of concern that the threat of
              enforcement of an overbroad law may deter or ‘chill’ constitutionally protected
              speech—especially when the overbroad statute imposes criminal sanctions.
              [Citations.] Many persons, rather than undertake the considerable burden (and
              sometimes risk) of vindicating their rights through case-by-case litigation, will
              choose simply to abstain from protected speech, [citation]—harming not only
              themselves but society as a whole, which is deprived of an uninhibited
              marketplace of ideas.” Virginia v. Hicks, 
    539 U.S. 113
    , 119 (2003).
    
           Therefore, in the first amendment context, courts permit attacks on overly broad
           statutes without requiring that the person making the attack show that his or her
           specific conduct was actually protected. Bigelow, 421 U.S. at 815-16 (collecting
           cases); People v. Holder, 
    96 Ill. 2d 444
    , 449 (1983); Village of Schaumburg v. Jeep
           Eagle Sales Corp., 
    285 Ill. App. 3d 481
    , 484-85 (1996) (based on first amendment
           overbreadth grounds, defendant charged with violating particular subsections of
           ordinance had standing to challenge other subsections with which defendant was
           not charged).
    
    ¶ 15       Of course, a person must present more than subjective allegations of a
           subjective “chill.” “There must be a ‘claim of specific present objective harm or a
           threat of specific future harm.’ ” Bigelow, 421 U.S. at 816-17 (quoting Laird v.
           Tatum, 
    408 U.S. 1
    , 13-14 (1972)).
    
    ¶ 16       In the case at bar, defendant clearly may challenge the entire Internet disclosure
           provision based on first amendment overbreadth grounds. As a sex offender,
           defendant is under a continuing obligation to disclose to authorities all of the
           information specified by section 3(a) of the Registration Act. That includes both
           Internet identities and websites. Defendant maintains and uses e-mail addresses as
    
    
    
                                                   -5-
           well as a Facebook account. Any failure to disclose those e-mail addresses would
           subject defendant to prosecution under the identity disclosure provision, just as his
           failure to disclose his Facebook account triggered prosecution under the website
           disclosure provision. In light of what happened here, the threat of prosecution from
           such a lapse can hardly be considered speculative. It is real and immediate. See
           Virginia v. American Booksellers Ass’n, 
    484 U.S. 383
    , 392-93 (1988).
    
    ¶ 17       Where a person engages in conduct arguably affected with a constitutional
           interest but proscribed by statute and there exists a credible threat of prosecution
           thereunder, that person need not risk being arrested and charged before challenging
           the provision under the first amendment. Babbitt v. United Farm Workers National
           Union, 
    442 U.S. 289
    , 298 (1979). Therefore, defendant clearly could have
           challenged the Internet identity disclosure provision as well as the website
           disclosure provision even before this prosecution was initiated. Given that
           defendant had standing to bring a pre-enforcement action to challenge the entire
           Internet disclosure provision, it would be anomalous to hold that his standing has
           somehow been diminished or lost now that charges have actually been filed.
           Nothing in first amendment jurisprudence supports such a position. Therefore, we
           hold that the first amendment allowed defendant to challenge the constitutionality
           of the entire Internet disclosure provision.
    
    ¶ 18       We observe that the circuit court specifically found that the Internet disclosure
           provision was unconstitutional both on its face and as applied to defendant. An “as
           applied” challenge requires the challenging party to show that a statute is
           unconstitutional as it applies to him or her. People v. Garvin, 
    219 Ill. 2d 104
    , 117
           (2006). Thus, the particular facts and circumstances surrounding the challenging
           party become relevant. In re M.A., 2015 IL 118049, ¶¶ 39-40; Napleton v. Village
           of Hinsdale, 
    229 Ill. 2d 296
    , 305-06 (2008).
    
    ¶ 19       However, in the case at bar, the circuit court held no evidentiary hearing and
           made no findings of fact. In such a factual vacuum, a court is not capable of making
           an “as applied” determination of unconstitutionality. Without an evidentiary
           record, any finding that a statute is unconstitutional “as applied” is premature, and
           the constitutional challenge must be facial. People v. Rizzo, 2016 IL 118599, ¶ 26;
           In re Parentage of John M., 
    212 Ill. 2d 253
    , 268 (2004) (citing Reno v. Flores, 507
    
    
    
    
                                                   -6-
           U.S. 292, 300-01 (1993)).
    
    
    ¶ 20                            B. First Amendment Overbreadth
    
    ¶ 21      We now address whether section 3(a) of the Registration Act violates the first
           amendment by requiring a sex offender to disclose his or her Internet identities and
           websites (730 ILCS 150/3(a) (West 2014)). The constitutionality of a statute is a
           question of law that we review de novo. All statutes are presumed to be
           constitutional. The party challenging the constitutionality of a statute has the
           burden of clearly establishing its invalidity. A court must construe a statute so as to
           uphold its constitutionality, if reasonably possible. M.A., 2015 IL 118049, ¶ 21;
           John M., 212 Ill. 2d at 265-66; People v. Malchow, 
    193 Ill. 2d 413
    , 418 (2000).
    
    ¶ 22       The first amendment right to freedom of speech includes the right to publish
           and distribute writings while remaining anonymous. McIntyre v. Ohio Elections
           Comm’n, 
    514 U.S. 334
    , 342 (1995); Talley v. California, 
    362 U.S. 60
    , 64-65
           (1960). “Anonymity is a shield from the tyranny of the majority. [Citation.] It thus
           exemplifies the purpose behind the Bill of Rights, and of the First Amendment in
           particular: to protect unpopular individuals from retaliation—and their ideas from
           suppression—at the hand of an intolerant society.” McIntyre, 514 U.S. at 357.
    
    ¶ 23       First amendment protections for speech extend fully to communications made
           through the medium of the Internet. “Through the use of chat rooms, any person
           with a phone line can become a town crier with a voice that resonates farther than it
           could from any soapbox. Through the use of Web pages, mail exploders, and
           newsgroups, the same individual can become a pamphleteer. *** ‘[T]he content on
           the Internet is as diverse as human thought.’ ” Reno v. American Civil Liberties
           Union, 
    521 U.S. 844
    , 870 (1997) (quoting American Civil Liberties Union v. Reno,
           
    929 F. Supp. 824
    , 842 (E.D. Pa. 1996)). Thus, we agree with our appellate court
           that the first amendment right to speak anonymously extends to those expressing
           views on the Internet. Hadley v. Subscriber Doe, 2014 IL App (2d) 130489, ¶ 16;
           Stone v. Paddock Publications, Inc., 2011 IL App (1st) 093386, ¶ 15; see also
           Ghanam v. Does, 
    845 N.W.2d 128
    , 137 (Mich. Ct. App. 2014); Solers, Inc. v. Doe,
           
    977 A.2d 941
    , 950-51 (D.C. 2009); Independent Newspapers, Inc. v. Brodie, 
    966 A.2d 432
    , 440-42 (Md. 2009); Mobilisa, Inc. v. Doe 1, 
    170 P.3d 712
    , 717 (Ariz. Ct.
           App. 2007). Nevertheless, “it is well understood that the right of free speech is not
    
    
    
                                                    -7-
           absolute at all times and under all circumstances.” Chaplinsky v. New Hampshire,
           
    315 U.S. 568
    , 571 (1942). It follows that the right to anonymous speech, including
           anonymous Internet speech, is not absolute. Ghanam, 845 N.W.2d at 137; Solers,
           Inc., 977 A.2d at 951.
    
    ¶ 24       In a typical facial challenge, a defendant would have to establish that there is no
           set of circumstances under which the statute would be valid. The fact that the
           statute could be found unconstitutional under some circumstances would not
           establish its facial invalidity. M.A., 2015 IL 118049, ¶ 39; John M., 212 Ill. 2d at
           269. However, as earlier discussed, a facial challenge based on first amendment
           overbreadth is provided out of concern that the threat of enforcement of an
           overbroad law may chill or deter constitutionally protected speech, especially when
           the statute imposes criminal penalties. Hicks, 539 U.S. at 119; People v. Clark,
           2014 IL 115776, ¶ 11; People v. Bailey, 
    167 Ill. 2d 210
    , 226 (1995). Yet,
           invalidating a law that in some of its applications is perfectly constitutional has
           harmful social costs. Recognizing that overbreadth invalidation is “strong
           medicine,” a law may be invalidated as overbroad only if a substantial number of its
           applications to protected speech are unconstitutional, judged in relation to the
           statute’s plainly legitimate sweep. United States v. Williams, 
    553 U.S. 285
    , 292-93
           (2008); Hicks, 539 U.S. at 119-20; People v. Williams, 
    235 Ill. 2d 178
    , 199-200
           (2009).
    
    ¶ 25        We first construe the challenged statute. A court cannot determine whether a
           statute reaches too far without first knowing what the statute covers. United States
           v. Stevens, 
    559 U.S. 460
    , 474 (2010); People v. Alexander, 
    204 Ill. 2d 472
    , 485
           (2003); Bailey, 167 Ill. 2d at 226. The Registration Act and the Notification Law
           “operate in tandem, providing a comprehensive scheme for the registration of
           Illinois sex offenders and the dissemination of information about these offenders to
           the public.” People v. Cornelius, 
    213 Ill. 2d 178
    , 181 (2004) (citing Malchow, 193
           Ill. 2d at 416). “Our primary objective in construing a statutory scheme is to
           ascertain and give effect to the intent of the legislature.” People v. Boyce, 2015 IL
           117108, ¶ 15; see People ex rel. Scott v. Illinois Racing Board, 
    54 Ill. 2d 569
    , 577
           (1973) (stating that two statutes were “part of a comprehensive statutory plan ***
           and their provisions should be viewed as integral parts of a whole”). The most
           reliable indicator of legislative intent is the language of the statute, given its plain
           and ordinary meaning. A court must view the statute as a whole, construing words
    
    
    
    
                                                    -8-
           and phrases in light of other relevant statutory provisions and not in isolation. Each
           word, clause, and sentence of a statute must be given a reasonable meaning, if
           possible, and should not be rendered superfluous. The court may consider the
           reason for the law, the problems sought to be remedied, the purposes to be
           achieved, and the consequences of construing the statute one way or another. Also,
           a court presumes that the legislature did not intend to create absurd, inconvenient,
           or unjust results. People v. Hunter, 2013 IL 114100, ¶ 13 (and cases cited therein).
    
    ¶ 26       The Registration Act was enacted in 1986.4 All sex offenders, as defined by
           section 2 of the Registration Act (730 ILCS 150/2 (West 2014)), must register in
           person with local law enforcement officials and “provide accurate information as
           required by the Department of State Police.” 730 ILCS 150/3(a) (West 2014). Prior
           to 2007, this information disclosed only the sex offender’s actual identity and
           physical whereabouts. However, a 2007 amendment expanded this information to
           include a sex offender’s Internet identity and websites. Pub. Act 95-229 (eff. Aug.
           16, 2007) (amending 730 ILCS 150/3(a) (West 2006)). Section 3(a) currently
           provides in pertinent part:
    
               “Such information shall include a current photograph, current address, current
               place of employment, the sex offender’s *** telephone number, including
               cellular telephone number, the employer’s telephone number, school attended,
               all e-mail addresses, instant messaging identities, chat room identities, and
               other Internet communications identities that the sex offender uses or plans to
               use, all Uniform Resource Locators (URLs) registered or used by the sex
               offender, all blogs and other Internet sites maintained by the sex offender or to
               which the sex offender has uploaded any content or posted any messages or
               information ***. The information shall also include *** the county of
               conviction, license plate numbers for every vehicle registered in the name of the
               sex offender, the age of the sex offender at the time of the commission of the
               offense, the age of the victim at the time of the commission of the offense, and
               any distinguishing marks located on the body of the sex offender.” (Emphasis
               added.) 730 ILCS 150/3(a) (West 2014).
    
               4
               The statute was originally titled the Habitual Child Sex Offender Registration Act (Ill.
           Rev. Stat. 1987, ch. 38, ¶ 221 et seq.). A 1996 amendment gave the statute its current title
           (730 ILCS 150/1 et seq. (West 1996)).
    
    
    
    
                                                      -9-
           Further, a sex offender “shall report in person to the appropriate law enforcement
           agency with whom he or she last registered within one year from the date of last
           registration and every year thereafter and at such other times at the request of the
           law enforcement agency not to exceed 4 times a year.” 730 ILCS 150/6 (West
           2014). With certain exceptions not relevant in this case, a sex offender must register
           for a 10-year period. 730 ILCS 150/7 (West 2014). A sex offender “who knowingly
           or wilfully gives material information required by [the Registration Act] that is
           false is guilty of a Class 3 felony.” 730 ILCS 150/10 (West 2014).
    
    ¶ 27        A sex offender who is subject to the Registration Act “is, in turn, also subject to
           the provisions of the Notification Law.” Cornelius, 213 Ill. 2d at 182. Enacted in
           1995 (730 ILCS 152/101 et seq. (West 1996)), the Notification Law requires the
           Illinois State Police to maintain a sex offender database that identifies sex offenders
           and makes information about them available to the persons that the Law specifies.
           730 ILCS 152/115(a) (West 2014). Law enforcement officials must disclose the
           above-quoted information required under section 3(a) of the Registration Act to the
           following county entities: institutions of higher education, public school boards,
           child care facilities, libraries, public housing agencies, the Illinois Department of
           Children and Family Services, social service agencies providing services to minors,
           and volunteer organizations providing services to minors. Also, the above-quoted
           information must be disclosed to any victims of any sex offenses, not only the
           victim of the sex offense for which the sex offender had been convicted. 730 ILCS
           152/120(a) (West 2014) (counties except Cook County). Law enforcement officials
           may disclose, in their discretion, this information “to any person likely to encounter
           a sex offender.” 730 ILCS 152/120(b) (West 2014). For all other members of the
           public, this information must be made available upon request (730 ILCS
           152/120(c) (West 2014)) and may be placed “on the Internet or in other media.”
           730 ILCS 152/120(d) (West 2014). Further, the Illinois State Police must maintain
           an Internet website that makes sex offenders’ registration information available to
           the public. 730 ILCS 152/115(b) (West 2014).
    
    ¶ 28       However, dissemination of information regarding juvenile sex offenders is
           limited to any individual “when that person’s safety may be compromised for some
           reason related to the juvenile sex offender.” 730 ILCS 152/121(a) (West 2014).
           “Public information concerning juvenile sex offenders thus is much more restricted
           than information concerning adult sex offenders.” J.W., 204 Ill. 2d at 75. Also, if
    
    
    
    
                                                    - 10 -
           the juvenile sex offender is enrolled in school, the local law enforcement agency
           shall provide a copy of the sex offender registration form only to that school’s
           principal, chief administrative officer, or guidance counselor. The registration
           information must be kept separate from the juvenile sex offender’s other school
           records. 730 ILCS 152/121(b) (West 2014). Accordingly, while the registry, as it
           pertains to adults, “provides for wide dissemination of registration information to
           the public,” a juvenile sex offender’s registration information is “available only to a
           very limited group of people.” People ex rel. Birkett v. Konetski, 
    233 Ill. 2d 185
    ,
           203 (2009). Further, juvenile sex offenders may petition for termination of
           registration two years after their initial registration. 730 ILCS 150/3-5(c) (West
           2014).5
    
    ¶ 29       We next address whether this statutory scheme warrants first amendment
           scrutiny. There must be a realistic danger that the statute will significantly
           compromise recognized first amendment rights. Members of the City Council v.
           Taxpayers for Vincent, 
    466 U.S. 789
    , 801 (1984); Clark, 2014 IL 115776, ¶ 11;
           People v. Haywood, 
    118 Ill. 2d 263
    , 275 (1987) (collecting cases). If the challenged
           statute does not reach constitutionally protected conduct, our analysis ends. See,
           e.g., Village of Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 
    455 U.S. 489
    , 495-96 (1982); Bailey, 167 Ill. 2d at 226-28; People v. Ryan, 
    117 Ill. 2d 28
    , 33
           (1987).
    
    ¶ 30       Before this court, the State contends that the Internet disclosure provision does
           not “unconstitutionally burden sex offenders’ First Amendment interest in
           anonymity.” The State observes that the disseminated disclosure information
           allows the public to identify the Internet forums in which the sex offender has
           communicated within the offender’s previous registration period, up to and
           including the day he or she registers. “Because section 3(a) largely requires only
           retroactive disclosure,” the State argues, the Internet disclosure provision does not
           “eliminate” a sex offender’s ability to speak anonymously online. Thus, according
           to the State, the prospect that the disclosure provision will deter sex offenders from
           speaking online “is too speculative to support defendant’s First Amendment
           challenge.”
    
    
              5
               The record does not disclose whether defendant petitioned for termination.
    
    
    
    
                                                   - 11 -
    ¶ 31       We disagree. The State is correct that the disclosure provision does not force a
           sex offender to reveal the information as a precondition to expression. Courts have
           invalidated such statutes due to the resulting surrender of anonymity. See, e.g.,
           Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 
    536 U.S. 150
    , 165-68 (2002); Buckley v. American Constitutional Law Foundation, Inc., 
    525 U.S. 182
    , 198-200 (1999). However, “constitutional violations may arise from the
           deterrent, or ‘chilling,’ effect of governmental regulations that fall short of a direct
           prohibition against the exercise of First Amendment rights.” Laird v. Tatum, 
    408 U.S. 1
    , 11 (1972). Further, the State overlooks that anonymity protects unpopular
           individuals from retaliation. McIntyre, 514 U.S. at 341-42, 357. Retaliation, by
           definition, is “retroactive” in that it reacts to speech previously uttered. Thus, a
           statute that operates retroactively can nonetheless unconstitutionally deter or chill
           anonymous speech. Further, the Registration Act imposes criminal sanctions for
           noncompliance, which additionally may cause persons whose expression is
           constitutionally protected to refrain from exercising their rights. Gooding v.
           Wilson, 
    405 U.S. 518
    , 521 (1972). We conclude that the Internet disclosure
           provision impacts constitutionally protected conduct, and therefore, first
           amendment scrutiny is warranted.
    
    ¶ 32       The parties next disagree on the appropriate level of scrutiny for the Internet
           disclosure provision of section 3(a) of the Registration Act. Defendant and amici
           contend that the disclosure provision is subject to strict judicial scrutiny.
           Content-based laws are presumptively unconstitutional and may be justified only if
           they survive so-called strict scrutiny, which requires a court to find that a restriction
           is narrowly tailored to serve a compelling government interest. Reed v. Town of
           Gilbert, 
    576 U.S.
    ___, ___, 
    135 S. Ct. 2218
    , 2226 (2015); Alexander, 204 Ill. 2d at
           476. Government regulation of speech is content-based if a law applies to particular
           speech because of the topic discussed or the idea or message conveyed. This
           requires a court to first consider whether the face of the statute draws distinctions
           based on the message a speaker conveys. If it does not, the court must next consider
           whether the facially neutral statute cannot be justified without reference to the
           content of the regulated speech, or if the government adopted the statute because of
           disagreement with the message the speech conveys. If so, then the facially neutral
           statute will be considered a content-based regulation of speech. Reed, 
    576 U.S.
    at
           ___, 135 S. Ct. at 2227-28 (and cases cited therein).
    
    
    
    
                                                    - 12 -
    ¶ 33       In contrast, laws that are unrelated to the content of speech are subject to an
           intermediate level of scrutiny because in most instances they pose a less substantial
           risk of removing certain ideas or viewpoints from the public dialogue. Turner
           Broadcasting System, Inc. v. Federal Communications Comm’n, 
    512 U.S. 622
    , 642
           (1994). Generally, content-neutral laws impose burdens on speech without
           reference to the ideas or views expressed. Id. at 643; Ward v. Rock Against Racism,
           
    491 U.S. 781
    , 791 (1989). To be content neutral, the government regulation of
           expressive activity must be justified without reference to the content of the
           regulated speech. Ward, 491 U.S. at 791. Indeed: “A regulation that serves
           purposes unrelated to the content of the expression is deemed neutral, even if it has
           an incidental effect on some speakers or messages but not others.” Id. So long as
           speaker distinctions are not a subtle means of exercising a content preference, they
           are not presumed invalid under the first amendment. Turner Broadcasting, 512
           U.S. at 645.
    
    ¶ 34       In the case at bar, we agree with the State that the Internet disclosure provision
           is properly subject to intermediate scrutiny. The provision is part of a statutory
           scheme intended to prevent sex offenses against children and to protect the public.
           The statutory scheme protects the public in two ways: it provides crucial
           information to law enforcement agencies monitoring the movement of sex
           offenders, and it disseminates the information to the public. Cornelius, 213 Ill. 2d at
           194 (and cases cited therein). Admittedly, the provision does single out sex
           offenders as a category of speakers. However, the face of the provision makes no
           reference to, and the purpose of the provision has nothing to do with, the content of
           their speech.
    
    ¶ 35       Defendant concedes that the Internet disclosure provision “does not directly
           ban any speech.” However, according to defendant, “if the hostility of the public
           against scarlet-letter-tagged sex offenders who speak on the Internet drives the
           speakers away, into silence, the effect is the same: the outcome looks like a ban.”
           We cannot agree. “The purpose and the principal effect of notification are to inform
           the public for its own safety, not to humiliate the offender. Widespread public
           access is necessary for the efficacy of the scheme, and the attendant humiliation is
           but a collateral consequence of a valid regulation.” Smith v. Doe, 
    538 U.S. 84
    , 99
           (2003). Although the public availability of the website information may have a
           lasting and painful impact on sex offenders, these consequences flow not from the
    
    
    
    
                                                   - 13 -
           statutory registration and notification scheme but from the fact of conviction,
           which is already a matter of public record. See id. at 103. Therefore, we conclude
           that the disclosure provision is content neutral and, accordingly, is subject to
           intermediate scrutiny.
    
    ¶ 36      In the first amendment speech context, intermediate scrutiny is articulated in
           several similar forms. Generally, to survive intermediate scrutiny, a content-neutral
           regulation of protected speech (1) must serve or advance a substantial
           governmental interest unrelated to the suppression of free speech and (2) must not
           burden substantially more speech than necessary to further that interest—or in
           other words, it must be narrowly tailored to serve that interest without
           unnecessarily interfering with first amendment freedoms. See Turner
           Broadcasting, 512 U.S. at 662; Members of the City Council, 466 U.S. at 804-05.
    
    ¶ 37       The State asserts that the purpose of the Internet disclosure provision “is to
           protect the public from the danger of recidivist sex offenders, which is a substantial
           government interest.” Defendant and amici are correct to agree that this is a
           legitimate interest. Generally, “reducing crime is a substantial government
           interest.” City of Los Angeles v. Alameda Books, Inc., 
    535 U.S. 425
    , 435 (2002).
           More particularly: “The prevention of sexual exploitation and abuse of children
           constitutes a government objective of surpassing importance.” New York v. Ferber,
           
    458 U.S. 747
    , 757 (1982); accord People v. Huddleston, 
    212 Ill. 2d 107
    , 132-33
           (2004) (and cases cited therein). “Although there is considerable debate over the
           degree to which treatment of sex offenders may be effective, it is clear that state
           legislatures may respond to what they reasonably perceive as a ‘substantial risk of
           recidivism.’ ” (Emphasis in original.) Huddleston, 212 Ill. 2d at 138 (quoting
           Smith, 538 U.S. at 103). Since 1996, every state in the nation has had a law
           providing for mandatory registration of sex offenders and corresponding
           community notification. Smith, 538 U.S. at 89-90. Thus, the remaining issue is
           whether the disclosure provision advances this interest in conformance with first
           amendment principles.
    
    ¶ 38       Defendant and amici contend that the statutory scheme for Internet disclosure
           deters or chills substantially more speech than is necessary to further the
           governmental interest. For example, defendant posits that juvenile sex offenders
           “have a low risk of reoffending and a high potential for rehabilitation due to their
    
    
    
    
                                                   - 14 -
           continuing brain development.” Therefore, defendant argues, the application of the
           disclosure provision to juvenile sex offenders “renders it substantially overbroad”
           in violation of the first amendment. However, as we earlier explained, public
           information regarding juvenile sex offenders is much more restricted than
           information regarding adult sex offenders and is available only to a very limited
           group of people. See Konetski, 233 Ill. 2d at 203; J.W., 204 Ill. 2d at 75. Further,
           juvenile sex offenders can petition for termination of registration after two years.
           730 ILCS 150/3-5(c) (West 2014). This statutory qualification for juvenile sex
           offenders shows the legislative intent to avoid burdening substantially more speech
           than necessary to further its governmental interest.
    
    ¶ 39       Defendant next argues that, “[b]eyond the issue of juvenile offenders,” the
           Internet disclosure provision nonetheless “applies to far too many people, in
           general.” Defendant argues that the provision applies to all sex offenders “without
           conducting any individualized risk assessment, so that sex offenders with no risk to
           reoffend are included alongside high-risk offenders. Besides being poor policy in
           general, this makes the speech burdens at issue here dramatically overbroad.”
           Citing Whole Woman’s Health v. Hellerstedt, 
    579 U.S.
    ___, ___, 
    136 S. Ct. 2292
    ,
           2310 (2016), defendant contends that this court has an independent duty to assess
           this issue while engaging in our constitutional analysis.
    
    ¶ 40       We reject defendant’s characterization of the Internet disclosure provision as
           “poor policy.” “Our role is not to determine how wise legislation may be, but rather
           to determine its constitutionality.” People v. J.S., 
    103 Ill. 2d 395
    , 407 (1984).
           Exercising our independent judgment of the facts bearing on an issue of
           constitutional law, it is our task in the end to decide whether the legislature has
           violated the constitution. Whole Woman’s Health, 
    579 U.S.
    at ___, 136 S. Ct. at
           2310; Sable Communications of California, Inc. v. Federal Communications
           Comm’n, 
    492 U.S. 115
    , 129 (1989). Where a party’s objections are essentially
           questions of policy, they are more appropriately directed to the legislature than to
           this court. In re A.A., 2015 IL 118605, ¶ 27.
    
    ¶ 41       Regarding the lack of an individualized risk assessment for sex offenders, the
           legislature is entitled to “conclude that a conviction for a sex offense provides
           evidence of substantial risk of recidivism.” Smith, 538 U.S. at 103; accord
           Huddleston, 212 Ill. 2d at 138. Although we exercise independent judgment on
    
    
    
    
                                                  - 15 -
           issues of constitutional law, the legislature is in a better position than the judiciary
           to gather and evaluate data bearing on complex problems. Alameda Books, 535
           U.S. at 440; Turner Broadcasting, 512 U.S. at 665-66 (opinion of Kennedy, J.,
           joined by Rehnquist, C.J., and Blackmun and Souter, JJ.).
    
    ¶ 42       Further, it must be remembered that under the narrow-tailoring requirement of
           intermediate scrutiny, the content-neutral speech regulation need not be the least
           restrictive or intrusive means of advancing the government’s content-neutral
           interest. Rather, the narrow-tailoring requirement is satisfied so long as the law
           promotes a substantial governmental interest that would be achieved less
           effectively absent the law. Turner Broadcasting, 512 U.S. at 662; Ward, 491 U.S.
           at 798-99. Here, it is undeniable that the Internet disclosure provision directly and
           effectively serves the State’s substantial interest in protecting the public from
           recidivist sex offenders. Absent this provision, this interest would be served less
           well. See Ward, 491 U.S. at 800.
    
    ¶ 43       Defendant also argues that the Internet disclosure provision applies “to too
           much speech.” In declaring the provision unconstitutional, the circuit court found
           that the provision “has no limitations on the type of speech or communication
           which the offender is required to report and register, regardless of whether that
           speech is in any way related to the legitimate purpose” of the provision. According
           to defendant, the “immense sweep” of the provision goes “beyond the State’s
           purpose of protecting the public from potential sex offenses: the State’s purpose is a
           needle in a haystack of burdened speech.”
    
    ¶ 44       We disagree. It must be remembered that under intermediate scrutiny, a
           content-neutral statute is not overbroad when it burdens speech but only when it
           burdens substantially more speech than necessary to advance its substantial
           governmental interest. Turner Broadcasting, 512 U.S. at 662; Members of the City
           Council, 466 U.S. at 804-05. Similarly, first amendment overbreadth is ultimately
           found only when a substantial number of a statute’s applications to protected
           speech are unconstitutional in relation to the statute’s plainly legitimate sweep.
           Hicks, 539 U.S. at 119-20; Broadrick, 413 U.S. at 612-13. Thus, whether a
           statutory standard produces overbreadth requiring invalidation of the statute may
           depend on the relative breadth of the statute’s coverage. See Ashcroft v. American
    
    
    
    
                                                    - 16 -
           Civil Liberties Union, 
    535 U.S. 564
    , 592 (2002) (Kennedy, J., concurring in the
           judgment, joined by Souter and Ginsburg, JJ.).
    
    ¶ 45       In the case at bar, we conclude that the Internet disclosure provision advances
           the substantial governmental interest of preventing sex offenses against children
           and protecting the public from the danger of recidivist sex offenders. The
           disclosure provision identifies the locations on the Internet to which the sex
           offender has transferred expressive material from his computer or has otherwise
           engaged in communication. These disclosures empower the public, if it wishes, to
           make the informed decision to avoid such interactions. The information required
           for the public to protect itself is broad because any communication by a sex
           offender with the public is related to the statutory purpose.
    
    ¶ 46       We observe that federal district courts have declared sex offender Internet
           disclosure requirements overbroad. In Doe v. Nebraska, 
    898 F. Supp. 2d 1086
    ,
           1121 (D. Neb. 2012), the court opined: “Blogs frequently, and perhaps mostly,
           involve discussion of matters of public concern. Blogs are by their nature open to
           the public and pose no threat to children. *** A site publicly available on the
           Internet poses no threat to children—after all, every police officer in the world can
           see it.” Similarly, in White v. Baker, 
    696 F. Supp. 2d 1289
    , 1310 (N.D. Ga. 2010),
           the court opined:
    
              “This internet communication form does not reasonably present a vehicle by
              which a sex offender can entice a child to have illicit sex. *** In the Court’s
              experience, these communications are those that occur privately in direct email
              transmissions *** and in instant messages. They generally do not occur in
              communications that are posted publicly on sites dedicated to discussion of
              public, political, and social issues.”
    
           As seen, these courts failed to recognize the breadth necessary to protect the public.
    
    ¶ 47      Additionally, the court in Doe v. Harris, 
    772 F.3d 563
    , 578-82 (9th Cir. 2014),
           found that the California Internet disclosure requirement was overbroad because
           public disclosure and notification would chill speech. However, the court failed to
           engage in the comparative analysis of whether the chilling effect was substantially
           broader than that required by the statutory purpose.
    
    
    
    
                                                   - 17 -
    ¶ 48       Also, despite its plainly legitimate sweep, the Internet disclosure provision is
           tailored to avoid chilling more speech than necessary, or in other words, to lessen
           the number of unconstitutional applications. Initially, the provision does not require
           disclosure of individuals with whom sex offenders interact, if any. Further, as we
           earlier observed, the provision does not operate as a prior restraint. Rather, it
           requires the sex offender to disclose his or her Internet identities and the websites to
           which he or she uploaded content or posted messages or information during the
           previous registration period up to and including the day he or she registers. While
           this retroactive operation does not remove the provision from first amendment
           scrutiny, it certainly constitutes an example of narrow tailoring. See Doe v.
           Shurtleff, 
    628 F.3d 1217
    , 1225 (10th Cir. 2010) (upholding Utah’s sex offender
           Internet disclosure statute against first amendment overbreadth challenge). Further,
           the provision requires disclosure only of Internet identities and websites through
           which a sex offender has communicated with others. Thus, the legislature “did no
           more than eliminate the exact source of the evil it sought to remedy.” Members of
           the City Council, 466 U.S. at 808. Indeed, any attempt to more narrowly tailor the
           disclosure provision to exclude “innocent” subjects, whatever they may be and
           however chosen, would defeat the purpose of the provision.
    
    ¶ 49       We hold that the Internet disclosure provision survives intermediate scrutiny
           because it advances a substantial governmental interest without chilling more
           speech than necessary. Therefore, defendant has failed to establish that the Internet
           disclosure provision of section 3(a) of the Registration Act is facially
           unconstitutional because it is substantially overbroad in violation of the first
           amendment.
    
    
    ¶ 50                                    III. CONCLUSION
    
    ¶ 51       For the foregoing reasons, the order of the circuit court of McLean County is
           reversed, and the cause is remanded to the circuit court for further proceedings.
    
    
    ¶ 52      Reversed.
    
    ¶ 53      Cause remanded.
    
    
    
    
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