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IL: Sex offender back in court on internet access issue

A Normal man whose sexual abuse case is at the center of a legal debate over whether sex offenders should have access to the internet was back in court Monday, after the U.S. Supreme Court declined to review his case. Full Article

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  1. AJ

    It sounds like this guy is going to have to sue in Federal Court, since the kangaroo-court that is the IL SC has improperly ruled. As discussed shortly after Packingham, the State must show a compelling interest in prohibiting his access, any law must be narrowly tailored, and other less burdensome means must first be used. Also, he has a right to anonymous online speech from previous SCOTUS case law. What part does IL SC not understand?!

    • James

      I agree. Packingham is now the law of the land regarding this free speech issue and internet access by all including RCs. However, without the benefit of reading the opinion itself and just going by gleaning the article, the court in this case wouldn’t even hear the First Amendment issue because it wasn’t raised in the original lawsuit. So, basically the court denied relief based on procedural grounds. Therefore, the writer did much justice by showing how important it is to raise any and all claims to preserve and not waive those claims at the outset. On a different note, there might be grounds for malpractice should the plaintiff so desires.

  2. CR

    I’m a little confused about the time line for this case versus Packingham. Did SCOTUS deny cert to this case before or after granting cert and/or deciding Packingham? When did the IL Supreme Court render their judgement?

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