INDIANAPOLIS — An Indiana law that bans registered sex offenders from using Facebook and other social networking sites that can be accessed by children is unconstitutional, a federal appeals court ruled Wednesday.
The 7th U.S. Circuit of Appeals in Chicago overturned a federal judge’s decision upholding the law, saying the state was justified in trying to protect children but that the “blanket ban” went too far by restricting free speech.
The 2008 law “broadly prohibits substantial protected speech rather than specifically targeting the evil of improper communications to minors,” the judges wrote. Full Article
Again I am not legal expert.. But this ruling in Indiana seems pretty good, but how does that work courts outside of California? Does the California court recognize it? or they operate in their own world?
Every time I see a win for our side it gives me hope. I have to wonder though; If Facebook has it in their T.O.S. that registrants are not allowed in their club, does this ruling over-ride their bylaw?
In the past several months, I signed up on Facebook mainly to locate family. I used a different first name for my profile and just yesterday, was blocked from the sight. I am an RSO no longer on probation or parole. There was no restrictions for using social media at my sentencing. I have wiped out any trace of Facebook use from my devices. Am I going to be arrested and charged for my Facebook use or will I be ok because of the current appeal?
Facebook is a privately owned company, but is is so broadly used and integral now to people communicating with each other, it is functionally a common carrier and should be treated as such. Like phone service. No one puts a blanket ban on us us using the phone. Yes, you can and should ban people from making harassing calls to children, but you can’t just ban someone from using a phone because the CEO of ATT doesn’t like them. Illegal as heck, same with the stupid Facebook ban. It doesn’t even make sense. A convicted but former sex offender gets banned? Someone who has maybe never used the service for illegal means? And yet some insurgent in Syria can have a Facebook page. Sorry Facebook you are big enough to be a public service, not one guy operating out of one’s garage. You can’t have it both ways.