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National

NY: Federal District Court limits ban on social media for registrants

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

[Excerpt from page 1:]

While the Court appreciates the State’s compelling interest and laudable efforts to protect children from sex offender recidivists on the internet, New York’s attempt to advance this interest via blanket restrictions cannot be squared with the significant freedom of speech rights at stake. For the following reasons, Plaintiffs’ motion for a preliminary injunction is GRANTED. While parole officers remain free to impose individualized restrictions on supervisees based on the Registrant’s specific circumstances and risk of recidivating using social media, e-STOP and Directive 9201 are preliminarily enjoined so far as they apply wholesale to Registrants who have not used the internet to facilitate the commission of their underlying sex offense.

 

Download a PDF of the decision:

NY Eastern District Court Decision to Allow Social Media Case 120-cv-01332-RJD-SJB

 

Join the discussion

  1. SR

    This is great and all, but how about issuing an order that prevents social media networks themselves from banning registrants? It doesn’t help the government saying Facebook and what not is a “public square”, when the privare guard at the entrance prevents you from going in.

    If social networks want to enjoy the protections of not being responsible for the content the posters post, they shouldn’t be able to exclude people in the first place.

  2. Facts should matter

    This should be a no-brainer, but we have to fight for mundane issues like this that others use freely and take for granted.

    We shouldn’t have to “disclose” anything. Failure for this, failure for that.. all because these mothers FAILED to watch after their kids, then whined to lawmakers to purge their guilt.

    • Dustin @ Facts should matter

      Not to mention that the laws they whine for would not have done one damn thing to prevent the circumstance they complain of to begin with. Let’s review:

      1. Jacob Wetterling: Danny Heinrich had no previous sex crime convictions and wouldn’t have been registered had it existed at the time, nor would it have made a difference if he was. Though ID’d shortly after Wetterling’s disappearance as a possible suspect, shoddy police work – not the absence of a registry – was the reason he remained at large for as long as he did.

      2. Adam Walsh: Walsh was not exploited in any way when he was murdered. Ironically, his memory was and continues to be exploited by his own father for his career.

      3. Megan Kanka: Numerous reports indicate the Kanka’s were aware of a convicted sex offender in their neighborhood, including several neighbors who heard it from the Kankas themselves. The knowledge did absolutely nothing to prevent Megan’s tragedy.

      4. Lisa Marie French: She went to her neighbors house in costume at 11:00 that Halloween, well after trick-or-treating was over. Gerald Turner had no prior convictions and would not have been subjected to the Halloween restrictions placed on registrants in her name almost 30 years later, during which there was not one single incident crime against trick-or-treaters (less those hit by drunk drivers).

      • Vampire

        Agree with you @ Dustin john walsh is rotten man for using his dead son too make millions off him. But the worst of the worst is the mothers. Who neglected to watch their kids and keep the child safe. In my book any mother who don’t keep a close eye on their kids should be held countable too. Same for fathers. Or anyone who is supposed to watch a child. I do agree the persons who took the child should be jail for a long time. But it was just not him/her alone. If the parent was doing there job things would have been different. This kind of crime is different when you really look at it. All the case,s show no parents around or teachers. My kid was taken help me. If i was a cop i say how? And who took the child. Mother say i don’t know. Red flag to me. Why you not know where your child at!!!!! It like the mothers are in on this crime.

        • John's due

          John Walsh will get his due as a Pharisee in today’s world using his son as a bully pulpit to stand on in the next world at least and maybe in this one yet. His misguided ways of using Adam how he does won’t go unnoticed.

  3. Dustin

    Took long enough…

  4. JohnDoeUtah

    Imagine using this logic to attack IML. If an offender didn’t travel in interstate or foreign commerce to commit their offense, it should not apply.

    • SR

      That may actually be how IML will actually be attacked in the future. Though that’s a more difficult battle as it’s federal rather than state. And federal changes seem to be way more difficult unless SCOTUS happens to rule on them (which I actually thought they already did on barring of registrants on social media?)

  5. Anonymous

    Maybe it will be appealed and overturned?

  6. Words matter

    I notice the term “Registrant”, instead of “sex offender”, is used throughout the document. Though a somewhat minor detail, it does perhaps indicate a helpful shift in attitude and perspective.

  7. AERO1

    it doesn’t matter in the next 4 years every state in America will enforce the new SORNA Laws its inevitable. https://twitter.com/KamalaHarris/status/1330323111867199488?s=19

    Good luck

  8. Ed C

    Given the clause “so far as they apply wholesale to Registrants who have not used the internet to facilitate the commission of their underlying sex offense” the injunction is not as inclusive as it seems at first blush. Perhaps with the exception of pornography production with no distribution, most pornography offenders as well as enticement offenders would be excluded. This is much more restrictive than the Supreme Court’s Packingham v. North Carolina ruling. Although the district court’s decision seems at odds with Packingham, it is only a preliminary injunction and we must wait for the actual opinion.

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