Tech Tips, 0417 WYBJ, Vol. 40 No. 2. 50
Author | Blake A. Klinkner Crowley Fleck, PLLP Cheyenne, Wyoming |
Do You Have a First Amendment Right to Social Media?
Blake A. Klinkner Crowley Fleck, PLLP Cheyenne, Wyoming
In February 2017, the United States Supreme Court heard arguments in State v. Packingham, a case originating from North Carolina that will have important implications on the ability of governments to restrict social media among certain individuals. In particular, Packingham presents the question of whether states can prohibit convicted sex offenders from accessing social networking websites. A number of states have enacted such laws, claiming that social media websites allow sex offenders to obtain information about minors and also enable sex offenders to contact and groom minor victims.
The
defendant in State v. Packingham, Lester Packingham,
was convicted of taking indecent liberties with a child in
2002, which required that he subsequently register as a sex
offender.
On
appeal to the Court of Appeals of North Carolina, the court
found that the statute violated constitutional rights to free
speech, expression, association, assembly, and the press, and
the court further found that the statute was
unconstitutionally overbroad, vague, and not narrowly
tailored to achieve a legitimate governmental
interest.
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