The Supreme Court recently decided, in Packingham v. North Carolina, whether North Carolina’s ban on the use of social networking websites by registered sex offenders is constitutional. The principal legal issue in the case was whether the ban violates the First Amendment’s right to freedom of speech. The Supreme Court found the law unconstitutional for that reason. Yet another issue arose in the briefing and oral arguments before the Supreme Court. The litigants and certain amici curiae engaged in some debate about whether such a restriction is necessary in the…
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