Folks can read the ACLU Complaint HERE8-15-2011 Louisiana:
NEW ORLEANS (AP) — The American Civil Liberties Union of Louisiana sued Monday to block enforcement of a new state law that limits sex offenders' access to social networking websites and other online forums, claiming the restrictions are overly broad and unconstitutional.
Gov. Bobby Jindal, who is named as a defendant in the federal suit, said he will "fight this with everything I have."
"If these people want to search the Internet for new victims, they can do it somewhere else," Jindal said in a statement.
The suit, filed in Baton Rouge, says the law may have targeted sites like Facebook and MySpace but also blocks access to newspaper sites, job databases and other websites that allow users to communicate.
Marjorie Esman, the group's executive director, said the state has a legitimate interest in preventing sex offenders from using the Internet in ways that can harm children.
"This goes way beyond that. This blocks (their) access to probably any Internet at all," she added. "It needs to be narrowly tailored to actually accomplish the goal."
The ACLU is asking a federal judge to immediately block enforcement of the law pending the outcome of a judicial review
Jindal, who signed the measure into law in June, said the lawsuit is "a disturbing break from reality, even for the ACLU."
"As governor and the father of three young kids, I will fight the ACLU every step of the way and do everything I can to keep our kids safe from the monsters who want to harm them," he added.
Louisiana Attorney General James "Buddy" Caldwell also is named as a defendant in the suit. A spokeswoman for Caldwell's office said they hadn't seen the suit and couldn't comment on it.
State Rep. Ledricka Thierry, an Opelousas Democrat who sponsored the legislation in the House, didn't immediately return a call seeking comment.
The anonymous plaintiff is a registered sex offender, living in East Baton Rouge Parish, who was convicted of possessing child pornography and served four years in prison. He has worked as a computer repair technician since his 2006 release but will be unable to perform his job under the law's restrictions, the suit says.
His "efforts to remain a productive, contributing member of society will be severely hampered," the suit adds.
The law prohibits "unlawful use or access of social media" by convicted sex offenders whose victim was a child. Probation, parole officers and judges can make exceptions, but the ACLU says the law doesn't specify any procedures for obtaining permission.
The ACLU also argues that the law's definition of a social networking website could be interpreted to include "most of the Internet."
"Just about every website in existence incorporates a 'mechanism for communication' among users, whether that mechanism is as simple as a 'comments' section or as complicated as a web-based email service, such as Yahoo or Gmail," the group wrote in a court filing.
A first conviction for violating the law carries a maximum sentence of 10 years in prison. A second conviction is punishable by at least five years and up to 20 years in prison. ..Source.. by MICHAEL KUNZELMAN
it is about time the ACLU get off their duffs and do something
ReplyDeleteMr. Piyush "Bobby" Jindal needs to get a grip and a reality check. His blanket statements are devoid of facts and filled with parroted propaganda. Blah, blah, blah. ALL of these laws need to be narrowly tailored-limited in SCOPE and NOT by the imaginations of small minded and uneducated people like Mr. Jindal. Perhaps restricting access to some degree for those with offenses that actually involved the use of a computer is a good place to start but don't forget to do the same for hackers, identity thiefs, trolls, stalkers, white collar criminals etc., while on probation or parole only as to do otherwise is a 1st amendment violation-period. I'd like to add also that 10 years in prison for a violation is yet another gross waste of taxpayer money-unless they are actually doing something illegal/harmful. Mr. Jindal please educate yourself on the FACTS before you go on another little rampage. Of COURSE everyone wants to protect their children and most parents are responsible enough to do so and do quite well without the government doing it for them. Now go along and fix that pesky budget crisis and clean up that oil and corexit on the beaches. Those things pose a far greater danger to the people of your state than 99.9999% of former offenders having internet access.
ReplyDeleteThank goodness the ACLU is doing this. The ACLU will fight over any cause no matter whether it is politically more from the left or right. But it is still considered left or progressive because of it's history. AND the right HATES IT ....This issue is one that affects people of all political stripes. These laws have become a disaster. MOST who are on the registry are NOT dangerous, and especially not to pre-pubescent children. The registry is BLOATED. How does that protect children. It only endangers men, mostly who made a mistake but did not deserve the kind of extreme punishment that they get. That punishment hurts not just them, but their families as it affects where they can live, whether they can get and keep a job and even their lives. Vigilantes have gone after them, even killed a young man in Maine who was a Romeo/Juliet case and an old man in Florida who was mistaken for someone else (beaten to death with a baseball bat). This man was completely innocent !
ReplyDeleteWhere will these laws end? And where are the groups on the political right who are fighting to change these laws? Or are they just too useful for political bait and drama in our drama-driven news, i.e. Fox?
It is going to be a long and fierce battle between various State judiciaries, but in the end, the courts including SCOTUS, will have no other choice but to conclude that the {AGGREGATE OF}the volumes of laws and restrictions forced upon FSO's can no longer be judged regulatory and MUST be rightly juged as PUNITIVE.It is no fun to be subjected to unconstitutional draconian laws, but as legislators continue to pass more and more laws over many years they will defeat their own policies.
ReplyDelete