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- Title
CONSTITUTIONAL LAW - SEX OFFENSES AND FREE SPEECH: CONSTITUTIONALITY OF BAN ON SEX OFFENDERS' USE OF SOCIAL MEDIA: IMPACT ON STATES WITH SIMILAR RESTRICTIONS.
- Authors
Miller, Katie
- Abstract
In Packingham v. North Carolina, the United States Supreme Court held that a North Carolina statute, which barred registered sex offenders from accessing a myriad of websites, including social networking websites, impermissibly restricts lawful speech in violation of the First Amendment's Free Speech Clause, applicable to the States under the Due Process Clause of the Fourteenth Amendment. The Court illustrated its decision under the Constitution as well as through its precedents. In reaching its decision, the Court noted two main reasons for the statute's impermissibility. First, the statute's broad wording not only restricts access to social media websites, but due to the statute's elements, it encompasses many and varying websites. Second, the Court found that this far reaching restriction on speech is unprecedented in the range of speech that it is abridging; essentially resulting in a total ban on the exercise of First Amendment speech on social networking sites that are imperative to participating in modern society.
- Subjects
UNITED States; LEGAL status of sex offenders; SEX crimes; FREEDOM of speech; DUE process of law; SOCIAL media; PROBATION
- Publication
North Dakota Law Review, 2018, Vol 93, Issue 1, p129
- ISSN
0029-2745
- Publication type
Article