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IL: Illinois Supreme Court strikes down social media ban for sex offenders

Illinois’ highest court ruled Thursday that it is unconstitutional to ban convicted sex offenders from social media sites.

Conrad Allen Morger was convicted of sexually abusing a minor and sentenced to four years of probation by a court in McLean County. That came with a binding condition he not use specific internet sites, such as Facebook, Twitter, Instagram and LinkedIn.

During oral arguments, held in September in Godfrey, Morger’s representative said the ban is a violation of the U.S. Constitution’s First Amendment fundamental right to freedom of speech. Full Article

Decision

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  1. Bruce Ferrell

    well, it’s fine but it really doesn’t address the social media companies that ban registered citizens, so in my opinion this ruling is a nothing burger.

    • Agamemnon

      While not much can be done about private businesses’ policies, it is still important that the state can’t punish someone for engaging in social media.

      • Will Allen

        Yep, these rulings are a big deal.

        The criminal regime of N. Carolina is still crying about their Packingham loss. I saw just recently that one of their criminal politicians proposed or had introduced a bill that will make it a felony for any Registered Person (RP) to violate the Terms of Service of operations like Facecrook. Of course that is government forcing people off of social media or they’ll put them in prison. These criminal regimes will keep trying to commit crimes.

        I’ve said this many times before but perhaps the more effective route would be to force all government agencies to stop using Facecrook, etc. No way they should be allowed to use it. It is immoral and it ought to be illegal.

        Would Facecrook care if governments could not use them? I think so. What would they do if the reason was because Facecrook tries to keep RPs from using their services?

        • Sunny

          Although companies like Facebook are private and otherwise have a right to ban certain demographics, some recent opinions could present opportunities to put a crack in that armor. Courts have ruled that government entities, including the president, cannot block or ban users from their accounts:

          https://www.npr.org/2019/07/09/739923528/trump-cant-block-twitter-followers-federal-appeals-court-rules

          Most law enforcement agencies, including the CA DOJ (Megan’s Law), have a social media presence on Facebook and other sites, so banning anyone from those services prevents access to government speech and information. Just about every police agency and sheriff has a Facebook page where they post community notifications, often the only place where such notifications are posted. I’ve also seen many law enforcement agencies and private individuals setup Facebook pages for the sole purpose of duplicating / reposting information from registries.

          It would be an uphill battle to get utility recognition for most social media sites. The only way I could see it done with Facebook is due to the way they set themselves up as gatekeepers for other content online. Some websites use Facebook as a means to verify user identity and can only be accessed via a Facebook and/or Google account login. The vast majority of websites that include user interaction (commenting, feedback, etc.) now rely on a small number of third party services as access points, including Facebook, Disqus, Google, and so on. As Facebook and social media becomes more ubiquitous in society, any bans from those services can make it difficult to be an active member of your community, whether local or global.

        • Tim in WI

          Will A.
          Those who opt to use FB do so by volition, and play a role in their own exploitation by volition. It’s common knowledge FB was fined 5B for privacy violations upon Americans. None of them will see a nickel! Yet most still blah away on the platform. Crimes vids get posted there. Live streamed acts of violence etc. IMO FB is suckerville. How enamoured of desperate are the people with the bells and whistles wrought by the electronic infrastructure. Too few contemplate the danger from the surveillance economy typically expecting something inherently benevolent from it, when in fact sovereignty and borders is essentially obliterated upon its use. Every human from Alaska to Zimbabwe can access the database machines (SOR).

          It was the “broad application of other potential civil uses of the machines” the saints were interested in attaining lawful access to, by way of judicial authority upholding “plain indenture to property” as civil. They wanted to track the individual use as a civil service not requiring warrant so long as arrest wasn’t imminently intended. One may not crunch numbers until they’re( data points) are collected. A DA nor AG can lay claim to “regulatory intent” behind DNA collection and analysis. The primary intent is to utilize the ” data” to convict, the deterrent effect is collateral.

          In 95 they collected mine in an assault by swab. I flew some kites to DOC asking for analysis and got the usual DOC run around, call your attorney BS. They set a meet with a head shrinker named Dr. Margaret Alexander in a taped 1-1 just days before my mandatory release. “Are you a sex offender or not?” she asked me. Duh witch!

      • Kenneth Moore

        It’s even more fun when you aren’t allowed to go to church unless it’s approved by a gov appointed phycologist and you have to sign a contract where you have to be chaperoned by someone and everything else. Believe me, I’ve seen it all.

        Where is separation of church and state people??

        • Tim in WI

          If any man rejected by a church can make a public issue by picketing in front to the institution with a sign with calling out hypocrisy and hyperbole. Trust me they will cave. In this case the good book becomes your ally and not theirs. Truth be told the evangelical fears the tort claims advanced by ambulance chasers and public relations went more than the general threat of attack.

    • Joe

      You do not see the difference between private business controlling their membership – not based on a protected class – and the government criminally prosecuting and incarcerating someone for completely legal and normal conduct?

      The best way to address this, and here I agree with Will Allen, is to challenge its use by government agencies as an official communication platform. Anything that is funded by your taxes. But someone’s gotta do it.

      I think Facebook, and all other “social” media like it, is the scourge of modern times. It, with its free service, did not become a billion dollar company for nothing. If a product is free, then you are the product. No thank you. It will soon be replaced by something else, no doubt, and not a moment too soon.

    • Harry

      Even though FB and companies like them are private, however, I think a good lawyer can convince a judge they are actually public utilities, just like ATT whom can not ban a RC from using a telephone.

  2. Tim in WI

    The ban was instituted long before it became law through back channels and via communications for certain senators. Besos and Gates are Competing for gov contracts of epic proportions. It is important for the big data firms to maintain their benevolence in spite of the guaranteed profit potential. Speech was always in play from the beginning of the electronic blacklists. That the Catholics upheld the use of the database which clearly intends affirmative action that leads directly to restraint burden, not withstanding strict scrutiny. Some folks on the registry ARE NOT sexually motivated aggressor. Duh, it was always far more about the ” machines potential ” than the man’s potential to do harm. Scapegoat for surveillance saints. Children are now being indentured to the machines insatiable need for the commodity known as ” personal identifying information. ”

    Remember this people- free men are paid to maintain databases, period. Those forced to pay are bound, to the machine property upkeep. That the Rehnquist court failed the void the plain indenture speaks loudly of less than constitutional reverence by that group. The minority was able to discern the truth of it.

  3. Anonymous

    I only have facebook so I can get information on political parties and politicians platforms both local and federal. I guess I have not been “found out” yet as my account is still active.

    • Will Allen

      You aren’t allowed to participate in politics. You must be removed from Facecrook ASAP.

    • Tim in WI

      Anon,
      And it will as long as the email used isn’t attached to SOR.

  4. The Vampire

    Anyone of you watched the video Never talk to cops https://youtu.be/d-7o9xYp7eE here is the link. Cops will lie to you and tell lies too a judge.

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