* Rebecca Anzel at Capitol News Illinois…
Illinois’ highest court ruled Thursday that it is unconstitutional to ban convicted sex offenders from social media sites.
Conrad Allen Morger was convicted of sexually abusing a minor and sentenced to four years of probation by a court in McLean County. That came with a binding condition he not use specific internet sites, such as Facebook, Twitter, Instagram and LinkedIn.
During oral arguments, held in September in Godfrey, Morger’s representative said the ban is a violation of the U.S. Constitution’s First Amendment fundamental right to freedom of speech. […]
The justices analyzed Illinois’ law by considering whether the mandatory social media ban is “reasonably related” to the goal of probation — which is rehabilitation.
The decision is here.
* State law includes this as a condition of probation and of conditional discharge if convicted of a sex offense…
refrain from accessing or using a social networking website
* Much of the decision centered around this US Supreme Court case…
In Packingham, defendant, a registered sex offender who had completed his sentence, was convicted for violating a North Carolina law that barred registered sex offenders from gaining access to commercial social networking websites. The Supreme Court concluded the North Carolina statute impermissibly restricted lawful speech in violation of the first amendment.