Martedì, 17 Ottobre, 2017

Supreme Court strikes down sex offender social media ban

Parmenio Sano | 20 Giugno, 2017, 00:42

The Supreme Court struck down a North Carolina law Monday that bars convicted sex offenders from Facebook, Twitter and other popular sites.

On Monday, Kennedy wrote the court's opinion, highlighting the state's reliance on Burson and noting, "That case gives little or no support to the state", explaining that the polling place-barrier was "a limited restriction" aimed at "protect [ing] another fundamental right - the right to vote" and that the restriction is "far less onerous" than North Carolina's law at issue here. The post, which involved him thanking God for avoiding a traffic ticket, was illegal under N.C. Gen. Stat. Ann. §§14-202.5 since he was convicted for having sex with a minor in 2002. How about I got so much favor they dismissed the ticket before court even started?

After the office came upon the posting, Packingham was found guilty of violating the law that says "it is unlawful for a sex offender who is registered ...to access a commercial social networking site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking site". "It is cyberspace-the "vast democratic forums of the Internet" in general. and social media in particular".

That law was ruled to be overly broad, barring "access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge".

Acknowledging that every advance in technology leads to new abuses by criminals, the notion that states can bar access altogether is anathema to the high court.


"The Court is unable to resist musings that seem to equate the entirety of the internet with public streets and parks", he wrote, warning of unintended consequences. "This language is bound to be interpreted by some to mean that the states are largely powerless to restrict even the most unsafe sexual predators from visiting any internet sires, including for example internet dating sites", Alito wrote for the three justices.

Justice Samuel A. Alito, Jr., writing for himself and Chief Justice John G. Roberts, Jr., and Clarence Thomas, went along with the specific ruling that the North Carolina law was unconstitutional, but protested the breadth of the Kennedy opinion's language.

"I can not join the opinion of the Court, however, because of its undisciplined dicta".

The majority, however, countered that the law might also apply to sites "as varied" as Amazon.com, Washingtonpost.com and Webmd.com.

They said that the law, meant to prevent communications between sex offenders and minors via social media, was so broad that it violates the Constitution's free-speech protections.

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