Sex Offenders can use social media

[Charon]

Sex offenders are allowed to use all social media, Supreme Court rules
BY JASON SILVERSTEIN
NEW YORK DAILY NEWS Updated: Monday, June 19, 2017, 5:18 PM

http://www.nydailynews.com/news/politics...-1.3260200

The case started with a North Carolina sex offender getting arrested for a Facebook post.

Social media use is a constitutional right — even for sex offenders, the Supreme Court decided Monday.

The justices unanimously ruled that it’s fine for convicted sex offenders to use social media sites such as Facebook, Snapchat, Twitter and LinkedIn, as long as they aren’t breaking the law while doing so.

This is one of the Supreme Court’s few cases so far about the constitutionality of social media, and one of the few major decisions to say online access is a basic American right.

The decision struck down a North Carolina law that banned sex offenders from logging onto social media. In its opinion, the court said social media had become such an essential part of life that it is unconstitutional to ban an entire group of people from it without criminal cause.

“With one broad stroke, North Carolina bars access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge,” Justice Anthony Kennedy wrote in the court’s opinion.

“Foreclosing access to social media altogether thus prevents users from engaging in the legitimate exercise of First Amendment rights. Even convicted criminals — and in some instances especially convicted criminals — might receive legitimate benefits from these means for access to the world of ideas, particularly if they seek to reform and to pursue lawful and rewarding lives.”

The case originated with Lester Packingham, a sex offender with a statutory rape conviction who was arrested in 2010 for posting on Facebook.


After getting a traffic ticket dismissed, Packingham wrote on Facebook: “No fine, no court costs, no nothing spent....Praise be to GOD, WOW! Thanks JESUS!”

Under North Carolina law, it is a felony for sex offenders to use “commercial social networking” sites if they “knew” people under 18 can access them. So Packingham’s post landed him in handcuffs.

Packingham appealed his punishment, saying the state law from 2008 violated his First Amendment rights.

The law required no proof that sex offenders had any illegal intent online before they were arrested. It also, ironically, allowed them to still use chatrooms and photo-sharing sites.

This was the Supreme Court's second sweeping ruling on Monday protecting First Amendments rights.

Another decision, centered on an Asian-American rock band called The Slants, struck down a federal law banning trademarks for offensive speech.

EDIT:  i understand constitutional rights.  But, i am less than thrilled with sexual predaTORS having no fear of being online.  Many a case I study has men, women and children of all ages stalking others.  Meeting with them and killing them. There was just another case fairly recentlly where it was decided  that one does not have a right to have info deleted from the internet.  ever. so, if some sicko puts u up, laws are not currently in place to protect one.

And, just so u know, match.com had records released which showed it has the largest membership of sexual predators than any other dating service.  So, Match.com started having face to face meetings with members.  I think it got around the law they had to declare they were sex offenders.  Like they had to when the Court first ruled.  I don't think they ever followed that law.  

Just be careful all.

[Pineapplepen]

God help us. What a mess. Another reason I tightly control my children's social media access. Gah

[SteveN]

Hopefully the sponsors of these websites can weed out the offenders
and if not, other members can report any unusual behavior.
I knew they checked credit reports & background check for everything
but twitter too I see.

[nickolyko]

My knowledge in law is limited but I thought OMG when I read this. The most logic fact is that sex offenders need social media to perpetuate their ill behavior. There will be a lot of issues with this decision and the world of social media will never be the same. Of course, there is the other side of the moon that claims that social media are responsible for the rise of this phenomenon. Everyone is innocent until he is convicted but anyone can imagine how tempting is for a sex offender when using a social network to break limits and repeat illegal actions .

[Charon]

Remember an american tv show called predators? with chris hanson. i forget the anti pedophile group he worked with. but, on camera they had all these weird old men show up to meet very young girls and boys. Many brought what we call a rape kit with tape, knife and such. But, I felt most men will not even recall a girl said she was 15 in her first post to him. In an adult chat room. And then talks very sexually and explicitly to him. That TV show failed cuz the courts said it had been entrapment the way the hired "young girls and boys" spoke to the adults. shame.

One of the first places LE and attorneys look up a person, is in their facebook, twitter, all their social media accounts. We are able to track down photos of you that are tagged. So, don't expect privacy.

In recent litigation, a neighboring girls mother helped her daughter pull a scheme on her 13 yr old neighbor. The younger girl was popular at school. Did not have time to play with older neighbor girl. So, older girl and her mother made up a fake boyfriend for the younger girl. And, then he broke up with her horribly. She hung herself. The Courts ruled that no actions would be taken against the lying older girl whom pretended to be a boyfriend. Or against the Mother. The Courts stated: It is to be presumed that people are lying on the internet. We cannot hold them accountable for lying.

Gmail and google are notorious for reporting your words to LE. They are all monitored. In fact, one man had a wireless connection. His neighbors whom were pedophiles hacked him. Stored their pedophile porn on his computer which they often will do. Keep it off their computers. And, the owner of the wireless network was convicted as guilty of possession of child porn. Law knew it was another whom hacked Network owner and put the porn there. But, the Courts claimed, that since he did not secure his computer well enuff against hackers, he was responsible for what was hidden on his computer.

So not fair. And, it was near where i lived last. Even our gvt cannot keep computers totally free of hackers so the average wifi user won't know how to do so either.

But, use google or gmail. Mention co wboy boots or such. You will find ads about cowboy boots within seconds.

The IRS is paid to watch reality TV on computer and TV to get any whom don't pay taxes. Lots of LE is all over twitter now cuz the Bad Guys whom cause war use twitter as a tool to recruit crazy people to their causes.

Sometimes it is valid. But, all attorneys know we start with a social media search on a person to get more facts.

Privacy is a thing of the past.

[ComeDayGoDay]

Yeah, it's really scary out there. Nothing is private if someone really wants to search for something! Scary world, I am fearful at times for my kids and the future of technology! Definitely different than what I grew up with...or lack thereof!

[Bishop]

It's so creepy how much info and pictures about you are out there. Reading this immediately made me want to delete Fb. I've done it before for similar reasons. The only problem with that is all the photos of you that friends will put up that you don't even know. There's no privacy anymore. Fb will even tell where you're at now. No one is safe.