Sex Offenders Fight for their Right to Use Social Media

June 29, 2012

Registering and monitoring sex offenders has long been a national issue. Child safety advocates, legislators and law enforcement all believe that sex offenders pose a serious threat public safety, especially to children. Because of that, offenders must report (in person) to police stations on a regular basis and keep them apprised of any residence changes. Offenders are also subject to a number of restrictions based on their respective crime. For instance, they may not live within certain distances from schools, they are ineligible for certain jobs, and they are prohibited from using certain social media outlets.

But as social media becomes more prevalent in our society, sex offenders are challenging these bans in courts across the nation, claiming that they are unconstitutional restraints on their First Amendment rights. Specifically, they believe that they still have the right to express themselves on platforms such as Facebook and Twitter, and to participate in online discussions.

Civil liberties advocates claim that social media has become nearly indispensable to free speech, and that the diversity of sites catering to so many unique interests makes outright bans particularly difficult to enforce. They contend there is a compelling interest to protect children from sexual predators, but when offenders are not allowed to participate in normal acts of public discourse (i.e. submitting online questions to public debates, voting in reality TV competitions or commenting on news stories), it begs the question of whether social media bans infringe upon an offender's constitutional rights. It also calls into question the detrimental effect on offenders least likely to reoffend (e.g. Level 1 offenders), and their ability to use modern technology for basic and legitimate purposes.

A number of laws prohibiting offenders' social media access have been struck down or curtailed. A federal judge in Nebraska threw out a law that prohibited sex offenders from joining online social networks. However, a similar law was recently upheld in Indiana. In Louisiana, the U.S. District Court ruled that an outright ban unreasonably restricted "many ordinary activities that have become important to everyday life." In response, the legislature created a new law that allowed offenders to read and send email, shop online, and to read newspapers, magazines and other periodicals.

If you have been charged with or are under investigation for a sex crime, an experienced criminal defense attorney can advise you of your rights and options.

Article provided by Kevin Smith, Attorney at Law
Visit us at www.kevinsmithlaw.com