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aw that forbids sex offenders from using social media sites that allow children to access has been ruled unconstitutional by a Federal Appeals court in Illinois. An Indiana state law made it a crime for sex offenders from accessing sites like Facebook because children also used the site.
The Federal Appeals court called the law too broad and did not actually protect children. The court issued a lengthy ruling where it states that the law failed a balancing test that protects free speech over the communication to children.
The case came to the court after a District Court Judge ruled that the internet is a place where predators can reach children. The ACLU of Indiana sued for a man who had was forbidden from using social media after serving prison time for a child sex crime. It should be noted the people on parole or probation may still have their social media rights revoked by the court. This case stands for the permanent restriction of social media after the person has served their time.
It is unknown at this time if this case is going to be headed to the United States Supreme Court. Statutes like this have been ruled unconstitutional in other states.
Patrick Donovan is dedicated to providing the best criminal defense in Massachusetts. Attorney Donovan has represented people charged with felony and misdemeanor crimes in Quincy and throughout Massachusetts. Attorney Donovan has experience at every level of the criminal process.
