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Blanket ban on sex offenders acccessing social media struck down

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Illinois

* 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.

posted by Rich Miller
Friday, Nov 22, 19 @ 10:13 am

Comments

Good. How is someone supposed to rebuild their life, get a job etc., without having access to sites like LinkedIn to help them apply for jobs and such? If you want them to be cut off from the world, just keep them in prison.

Comment by Tony DeKalb Friday, Nov 22, 19 @ 10:19 am
=Conrad Allen Morger was convicted of sexually abusing a minor and sentenced to four years of probation by a court in McLean County.=

Probation??? Mclean County gave hime probation?

I think that is the first issue.

Comment by JS Mill Friday, Nov 22, 19 @ 10:57 am
@ JS Mill -

The legislature has determined that the offenses of which he was convicted are probationable.

If you think they should carry mandatory penitentiary sentences, your beef is with the state legislature.

But based on the facts of the case, the defendant’s lack of any prior criminal history, the ages of defendant and victim (he was in his late teens, she in her early teens), probation seems entirely appropriate.

Comment by JoanP Friday, Nov 22, 19 @ 11:24 am
I could see allowing sex offenders access to an employment networking site, such as, LinkedIn but as we don’t allow sex offenders to live near a school, we should NOT allow them to access social media sites where children are present. I would argue that sex offender has better access to your child through social media then if lived in the apartment next to you.

Comment by Groucho Friday, Nov 22, 19 @ 11:47 am
This wouldn’t be a problem if they locked them up and threw away the key…but if it is unconstitutional to ban them from accessing facebook….wouldn’t it be unconstitutional from living near a school, hanging out at a park, etc?

Comment by well Friday, Nov 22, 19 @ 1:05 pm