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And its definition of a “commercial social networking Web site” is broad, including any site that permits minor children to join and: The definition excludes sites that provide only one discrete service (photo-sharing, email, instant messaging, chat room, or message board), and sites whose primary purpose is to facilitate commercial transactions involving goods or services. There is no similar case law from the Fourth Circuit.
Louisiana’s former social networking restriction—which was more limited than Indiana’s in that it only applied to sex offenders convicted of crimes against minors, but probably broader in the social media it restricted—was invalidated by a federal district judge last year on overbreadth and vagueness grounds.
It will undoubtedly prove extremely useful and important in other cases — and there are many of them out there, across the country — challenging similar restrictions on Internet use by registered sex offenders. Well, the court used some ringing words about the Internet and its significance as a First Amendment platform: 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.
The Court has sought to protect the right to speak in this spatial context.
Doe was a class action filed in federal court by an Indiana man on behalf of a class of similarly situated sex offenders. Our state appellate courts have yet to weigh in, but I know of at least one case pending before the court of appeals. I’m sure I’ll write about the North Carolina case when it’s decided—both here and, briefly, on Twitter (@jamie_markham). Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s law prohibiting sex offenders from using social networking websites on First Amendment grounds.North Carolina has a similar crime, a Class I felony under G. 14-202.5, which has resulted in an increasing number of convictions each year since its enactment in 2008: 7 in fiscal year 2009/10; 29 in 2010/11; and 47 in 2011/12.free chat website that lets you connect with people quickly and easily.Featuring mobile chat rooms as well, helps you find and connect with single women and men throughout the globe.
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?