A federal judge in the Middle District of Louisiana has struck down a state law barring sex offenders from using Facebook and other social media on First Amendment grounds.
Chief Judge Brian Jackson ruled Thursday that the law, which took effect in August, imposed “a sweeping ban on many commonly read news and information websites,” as well as social networking sites.
The definition of “chat room” in the law is so broad, for instance, the court’s own website could fall under the ban, he said.
Judge Jackson also took issue with the law’s requirement that offenders who are no longer under court supervision seek an exemption from a judge to access social-networking sites legally. He said federal courts couldn’t grant such exemptions because they have no jurisdiction over an offender who has completed a prison sentence and post-prison supervision.
But Jackson left open the possibility that a more narrowly crafted law would pass muster. According to the opinion,
Although the Act is intended to promote the legitimate and compelling state interest of protecting minors from internet predators, the near total ban on internet access imposed by the Act unreasonable restricts many ordinary activities that have become important to everyday life in today’s world. The sweeping restrictions on the use of internet for purposes completely unrelated to the activities sought to be banned by the Act imposed severe and unwarranted restraints on constitutionally protected speech. More focused restrictions that are narrowly tailored to address the specific conduct sought to be proscribed should be pursued.
The ACLU filed the lawsuit challenging the law in August on behalf of two sex offenders, identified only as John Doe and James Doe in court filings.
A spokesman for Facebook had this to say: “We take the safety and security of our users, especially the many young people on Facebook, very seriously. We have consistently supported bills that criminalize usage of social networking sites by registered sex offenders. Our Statement of Rights and Responsibilities already bars these individuals from using Facebook and we would welcome the potential of criminal penalties to strengthen these provisions.”
The governor’s office released this statemenent on the ruling:
Louisiana families should have the comfort of knowing their children are able to go online without the threat of sex predators. It’s offensive that the Court would rule that the rights of sex predators are more important than the rights of innocent children. As the father of three young kids, I will do everything in our power to protect Louisiana families and that includes appealing to the Court of Appeals for the Fifth Circuit and bringing legislation this upcoming session to fortify and strengthen the law.
The internet is the virtual playground where sex offenders are trying to strike and prey on our kids. We must have the tools to crack down on monsters that are preying on our kids. If these predators want to search the internet for a victim, they won’t be able to do it in the State of Louisiana.
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