Source: reason.com 10/23/24 “Invoking the innocence of children is not…a magic incantation sufficient for legislatures to run roughshod over the First Amendment rights of adults.” It seems that a puritanical wave is sweeping the country as state governments increasingly try to make it more difficult to access pornography from within their borders. A lawsuit is challenging one of those laws, and this week, a federal judge allowed it to continue. Montana is one of multiple states in recent years to pass a law requiring pornographic websites to verify users’ ages. Under Senate…
Read MoreTag: First Amendment
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
Source: reason.com 6/20/24 When someone claims to have been arrested in retaliation for constitutionally protected speech, what sort of evidence is necessary to make that case? Five years ago in Nieves v. Bartlett, the Supreme Court held that an arrest can violate the First Amendment even if it was based on probable cause, provided the claimant can present “objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.” Today in Gonzalez v. Trevino, the Court said that showing…
Read MoreFL: U.S. appeals court: Lifetime computer ban for sex offender doesn’t violate First Amendment
[floridaphoenix.com – 11/30/20] A federal appeals court has upheld a lifetime ban on computer use for a South Florida sex offender who used text messaging to send a naked picture of himself to a person he thought was a 14-year-old girl. ____ challenged his conviction on grounds including violation of the First Amendment, but a three-judge panel of the U.S. Court of Appeals for the 11th Circuit unanimously upheld the sanction in a ruling handed down on Monday. The sentence, which included nearly two years in prison and lifetime conditional…
Read MoreSupreme Court: Court adds five new cases to docket
… Among the court’s other grants today, Packingham v. North Carolina is the case of Lester Packingham, a North Carolina man who became a registered sex offender after he was convicted, at the age of 21, of taking indecent liberties with a minor. Six years after Packingham’s conviction, North Carolina enacted a law that made it a felony for registered sex offenders to access a variety of websites, from Facebook to The New York Times and YouTube. Packingham was convicted of violating this law after a police officer saw a…
Read MoreNC: On ‘ample alternative channels of communication,’ the First Amendment and social networking
A couple of weeks ago, I joined 16 law professors in an amicus brief (authored by Eugene Volokh and several of his students) urging the Supreme Court to grant certiorari in the case of North Carolina v. Packingham. Full Article
Read MoreNC: First Amendment woes in North Carolina
As most VC readers know, First Amendment law is dominated by a single question, the 800-pound constitutional gorilla that’s always in the room: What “level of scrutiny” will the court apply to the challenged government action? How much will it demand from the government by way of justification for whatever it was that it did? How high will it set the bar? … I’ve said it many times before — these sex offender cases are of the deepest importance, not because of any special concern we might have for convicted…
Read More