1-31-2013 Indiana, National:
In Doe v. Prosecutor, No. 12-2512 (7th Cir. 2013), the Seventh Circuit held that an Indiana statute banning registered sex offenders from social networking sites violated the First Amendment because it was "not narrowly tailored ... [to] the evil of improper communications to minors." This opinion reverses a district court opinion from last June.
The statute, Indiana Code § 35-42-4-12, prohibited the use of social networking websites, chat room, instant messaging programs if the website allows minors to gain access or use.
In its decision, the Seventh Circuit found that the statute "targets substantially more activity than the evil it seeks to redress." As such and because "Indiana has other methods to combat unwanted and inappropriate communication between minors and sex offenders," the statute is not narrowly tailored. The court was, however, sure to note that this decision does not alter a court's ability to construct terms of supervised release for sex offenders - including limiting Internet access.
A similar statute, the Californians Against Sexual Exploitation Act, in California was also struck down earlier this year. ..Source.. by Jeffrey Brown
Thursday, January 31, 2013
7th Circuit strikes down Indiana statute banning sex offenders from social networking sites
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This is a great win for the First Amendment in Indiana! However, two state senators have reintroduced basically the same law as SB 0220, only restricting it to a narrower group of individuals based upon what they were convicted of, but essentially with the same restrictions that the Court has just struck down, saying in essence; no group or even person (not just sex offenders) can be restricted from access to the means to communicate with whom ever they choose, but what is being communicated to a minor may be restricted, such as a proposition which is already covered under Indiana state law with additional penalties if done via computer network. Remember, John Doe is John Doe sex offender (singular) and the Court did not even consider what he/she was convicted of, which means any sex offender has these rights regardless of crime committed. See the original story at: http://www.wthr.com/story/20754282/indiana-senators-seek-new-social-networking-ban.
ReplyDeleteSee the Court Ruling following the link; Doe v. Prosecutor; in the story above. The fight goes on.