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One interesting question here: How, in heaven’s name, could court (or, for that matter, any legislature) think that this scheme comports with the First Amendment?
Rather unusually, I think, their disagreement focused entirely on nuance, characterization and rhetoric: While I thus agree with the Court that the particular law at issue in this case violates the First Amendment, I am troubled by the Court’s loose rhetoric.
After noting that “a street or a park is a quintessential forum for the exercise of First Amendment rights,” the Court states that “cyberspace” and “social media in particular” are now “the most important places (in a spatial sense) for the exchange of views.” …
It is regrettable that the Court has not heeded its own admonition of caution.
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The law in question made it a felony for a registered sex offender “to access a commercial social networking Web site* where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages.” *”Commercial social networking Web site” was defined quite broadly; in brief, it covered any website that “facilitates the social introduction between two or more persons for the purposes of friendship, meeting other persons, or information exchanges” by allowing users to create “personal profiles,” and that provides users with “mechanisms to communicate with other users, such as a message board, chat room, electronic mail, or instant messenger.” The statute was purportedly designed to prevent ex-offenders from “gathering information about minors on the Internet” and using that information to make inappropriate or unlawful contact with them. Kennedy writing for himself and Justices Ruth Bader Ginsburg, Stephen G. Social media allows users to gain access to information and communicate with one another about it on any subject that might come to mind.
All eight Justices agreed (with us) that the statute was not sufficiently “narrowly tailored” to serve that purpose. Breyer, Elena Kagan and Sonia Sotomayor, with Justice Samuel A. 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.The state's senior deputy attorney general, Robert Montgomery, likened the law to a 1992 Supreme Court decision that forbids politicking within 100 feet of a polling place.He noted that social networking sites are used to gain information in more than 80% of online sex crimes against children."These are some of the worst criminals, who have abused children and others," he said.Thirteen states defended the North Carolina law in legal papers as a weapon against the illicit use of social networking sites, which they said are used in one-third of Internet-related sex crimes resulting in arrest."There's a concern here for the safety of children," Ginsburg acknowledged, as some of her colleagues — notably Chief Justice John Roberts and Justices Anthony Kennedy and Stephen Breyer — searched for a more limited way in which states could protect victims without infringing on basic free speech rights.But they found it difficult to defend North Carolina's law, passed in 2008 as a way to add "virtual" neighborhoods to the physical locations — such as schools and playgrounds — from which sex offenders are barred.Justice Sonia Sotomayor noted that Facebook, Linked In and other sites offer a range of services beyond social networking.Tags: Adult Dating, affair dating, sex dating