Supreme Court strikes down North Carolina law banning sex offenders from social media

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axl_rose
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Joined: Fri Sep 23, 2016 11:42 am

Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by axl_rose » Thu Jun 22, 2017 1:51 pm

It's true!

One small step for NC sex offenders - not that I am running out to join.

https://www.theverge.com/2017/6/19/1583 ... cial-media
In a unanimous decision, the Supreme Court ruled today that a North Carolina law prohibiting sex offenders from using social media was unconstitutional.

“A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more,” Justice Kennedy writes in the court’s decision, adding that digital spaces — including Facebook and Twitter, which the ban applied to — are also protected.

The case before the court focused on a sex offender prosecuted after posting on Facebook about beating a traffic ticket. “Man God is Good!” he wrote. “How about I got so much favor they dismissed the ticket before court even started?” According to figures cited in the case, the state has prosecuted more than 1,000 people for violating the law.

“By prohibiting sex offenders from using those websites, North Carolina with one broad stroke 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,” Kennedy writes.

Justice Alito, concurring, also writes that the North Carolina broad law seemed to violate First Amendment protections, although he added that there may still be other websites — such as sites focused on teen audiences — where a ban could be reasonable.

The case was closely watched by civil rights organizations anxious to see how the court would decide a case about First Amendment protections online. In December, the Electronic Frontier Foundation wrote that “digital liberties are fundamental human rights. All people should enjoy them.”

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Met
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Location: North Carolina

Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by Met » Thu Jun 22, 2017 10:16 pm

Progress. Now they need to stop sending online identifiers to FB so they can delete the account.

axl_rose
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Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by axl_rose » Fri Jun 23, 2017 10:57 am

Met wrote:
Thu Jun 22, 2017 10:16 pm
Progress. Now they need to stop sending online identifiers to FB so they can delete the account.
You say the state of NC is doing that? Do you have evidence? Not trying to pick a fight, I am more curious.

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Met
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Location: North Carolina

Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by Met » Fri Jun 23, 2017 10:59 am

I guess I could go dig up something but yeah, it was part of the law passed that banned offenders from social media, that they provide a list of all on-line identifiers.

axl_rose
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Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by axl_rose » Sun Jun 25, 2017 1:22 pm

Met wrote:
Fri Jun 23, 2017 10:59 am
I guess I could go dig up something but yeah, it was part of the law passed that banned offenders from social media, that they provide a list of all on-line identifiers.
That information is only provided to the Sheriff's office. The way I understand it, an RSO in NC does not need to provide that information to anyone else.

Now whether or not the Sheriff submits that info to a site like Facebook I am not certain but, i would suspect that they have other things to worry about. With the ban being lifted, it's one less thing they have to work on. Just my thought and by no means am I 100% versed in NC law.

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Renny
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Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by Renny » Tue Jun 27, 2017 1:51 am

Still irrelevant, Facebook still prohibits anyone ever convicted of a sex offense.

https://www.facebook.com/legal/terms
6. You will not use Facebook if you are a convicted sex offender.
Does not matter if you were convicted outside the USA, as a child, no longer have to register or if you are required to join by your employer.

Also, for sex offenders as well:
3. If we disable your account, you will not create another one without our permission.

axl_rose
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Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by axl_rose » Tue Jun 27, 2017 9:28 am

Well, it's not irrelevant Renny. There are other sites that do not have that restriction. Regardless of the FB terms, the fact that this law was overturned is the victory.

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Renny
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Re: Supreme Court strikes down North Carolina law banning sex offenders from social media

Post by Renny » Sun Jul 30, 2017 5:33 pm

Point taken AR and you are correct. It is a victory.

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