Slashdot Mirror


Supreme Court Rules Sex Offenders Can't Be Barred From Social Media (gizmodo.com)

An anonymous reader quotes a report from Gizmodo: In a unanimous decision today, the Supreme Court struck down a North Carolina law that prevents sex offenders from posting on social media where children might be present, saying it "impermissibly restricts lawful speech." In doing so, the Supreme Court asserted what we all know to be true: Posting is essential to the survival of the republic. The court ruled that to "foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights." The court correctly noted that "one of the most important places to exchange views is cyberspace." The North Carolina law was ruled to be overly broad, barring "access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge."

52 of 114 comments (clear)

  1. So, how long before it happens again? by SuricouRaven · · Score: 4, Insightful

    Right now, some politicians are planning how best they can pass a new law that will do exactly the same, but be just different enough that it can be tied up in court for a few years before being struck down.

    Sex offenders are perhaps the most reviled people in the US. Any law which causes them difficulty is an easy pass with overwhelming public support.

    1. Re:So, how long before it happens again? by Gravis+Zero · · Score: 2

      Sex offenders are perhaps the most reviled people in the US. Any law which causes them difficulty is an easy pass with overwhelming public support.

      Actually, politicians are the most reviled people in the US and it's damn near impossible to get any law to limit them in spite of overwhelming public support. :)

      --
      Anons need not reply. Questions end with a question mark.
    2. Re:So, how long before it happens again? by sexconker · · Score: 1

      I'd rather live next to a sex offender than live next to a politician, just as I'd rather live next to a "gun nut" with a vast arsenal of weaponry than live next to a cop.
      Don't even get me started on rabid raccoons vs. Floridians.

  2. Re:Republicans always side with freedom... by 110010001000 · · Score: 1

    Plus slow internet and Microsoft laid off their QA department and Seattle stuff.

  3. Gorsuch makes his mark by Anonymous Coward · · Score: 1

    Look for numerous unanimous decisions like this going forward. This guy is going to make SCOTUS great again with his consensus building activities. I bet he could talk Justice Alito into voting for installing a transgender bathroom in the building.

    1. Re: Gorsuch makes his mark by kenh · · Score: 2

      I bet he could talk Justice Alito into voting for installing a transgender bathroom in the building.

      assuming classical party-lines, Republicans would have no issue with a 'Trans-specific' bathroom, it would be liberals that would find it offensive.

      As a reminder, the issue that this country obsessed about an embarrassingly long time was with the requirement that transgender individuals to use bathrooms that conform with what's between their legs...

      --
      Ken
    2. Re: Gorsuch makes his mark by Anonymous Coward · · Score: 1

      Really, the issue was how rural NC and Charlotte were at odds over how tax revenue should be distributed to rural counties and urban municipalities and how much power Charlotte should have vs. the state legislature in Raleigh. Transgenders just happened to be a convenient battleground, but it was a power struggle between Charlotte and Raleigh, not between Democrats and Republicans. If you read the coverage of the compromise (see NPR on it), you'll find that the state won by imposing a moratorium on any municipal anti-discrimination measures.

    3. Re: Gorsuch makes his mark by TechyImmigrant · · Score: 1

      I bet he could talk Justice Alito into voting for installing a transgender bathroom in the building.

      assuming classical party-lines, Republicans would have no issue with a 'Trans-specific' bathroom, it would be liberals that would find it offensive.

      As a reminder, the issue that this country obsessed about an embarrassingly long time was with the requirement that transgender individuals to use bathrooms that conform with what's between their legs...

      Bathrooms don't have to be gender specific. Like in almost every bathroom in every residential house or apartment everywhere.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    4. Re:Gorsuch makes his mark by Arnold+Reinhold · · Score: 1

      From ruling: "GORSUCH, J., took no part in the consideration or decision of the case."

    5. Re: Gorsuch makes his mark by AmiMoJo · · Score: 1

      Republicans wouldn't have an issue with spending public money on someone's "lifestyle choice"? What about when they realize you need three extra bathrooms, one for trans men, one for trans women and one for gender non-conforming individuals?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  4. Whew! by kenh · · Score: 1

    Dodged a bullet with that decision...

    --
    Ken
  5. Re: Sounds like the right decision by kenh · · Score: 1

    To be enforced how? How many teens or or-teens gave their real age when they signed up to Facebook, twitter, etc?

    --
    Ken
  6. Re:Unanimous?!? by ShanghaiBill · · Score: 4, Informative

    Too... many... unanimous... decisions... head... exploding...

    Historically, most SCOTUS decisions have been unanimous, and the proportion has actually been growing in recent years.

    Most decisions are either 9-0 or 5-4. The 9-0 decisions are common when it is a matter of the law, as in this case. The 5-4 decisions are common when it is a partisan issue.

  7. Re:Unanimous?!? by ShanghaiBill · · Score: 5, Informative

    Sorry, I flubbed the cut-and-paste for the citation. Here it is: Most decisions are either 9-0 or 5-4. Scroll down for a graph of 9-0 vs 5-4 decisions.

  8. Re: Sounds like the right decision by kenh · · Score: 1

    Teens or Pre-teens

    --
    Ken
  9. When too much punishment is never enough... by Slugster · · Score: 4, Insightful

    In the US--pursuing child molesters is the last bastion of the bureaucratic tyrant. No right is beyond revoke and no punishment too severe to stand in the way of "protecting the children".

    My local police (like many in the US) has a special web page showing convicted sex offenders.
    There is no page showing convicted murderers; somehow the normal public record of that was enough...
    What's wrong with this picture?...

    1. Re:When too much punishment is never enough... by ShanghaiBill · · Score: 5, Insightful

      My local police (like many in the US) has a special web page showing convicted sex offenders.

      My neighbor is on the list ... for having sex with his wife. At the time, he was 18 and she was 15. Her parents disapproved and called the police to break up the relationship. He got probation, but still went on the list for life. They were married on her 18th birthday. Her parents didn't come to the wedding.

      Because he is a "child molestor" he cannot go to PTA meetings, parent-teacher conferences, or even step foot in a school.

      Their son is my son's best friend. Do I worry about him playing at their house? Of course not.

      I am not sure if the sex offender list is a good or bad idea in principle, but the way it is actually implemented is idiotic.

    2. Re:When too much punishment is never enough... by sexconker · · Score: 2

      Convicted murderers are often released early, or released once their sentence is up.
      The "sex offender" brand is for life. If someone's dangerous they should still be serving their sentence. If someone has served their sentence they shouldn't be treated as criminals.

    3. Re:When too much punishment is never enough... by ArylAkamov · · Score: 4, Informative

      There is no shortage of stories like this. What I find personally enraging is when minors and children are added to the list.

      http://www.businessinsider.com...

      The teenager was listed as both the victim and the perpetrator on the sexual exploitation charges.

      http://www.thedailybeast.com/t...

      North Carolina authorities arrested a 16-year-old girl in February for committing two felony sex crimes against herself when she sent a nude photo to her boyfriend

      I think the worst one I remember reading about was two 11 year old girls added to the list. Political biases of the links above aside (Not that there is any shortage of similar stories if you search) I think we can all agree this is fucking stupid.

    4. Re: When too much punishment is never enough... by Nidi62 · · Score: 3

      I've always loved the mental gymnastics that the government does when they charge children as adults for child pornography when they share naked pictures if themselves.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    5. Re:When too much punishment is never enough... by ShanghaiBill · · Score: 1

      Sure, take his word for it.

      There is no need to take his word for it. Criminal court documents are public records.

    6. Re:When too much punishment is never enough... by Uberbah · · Score: 1

      In the US--pursuing child molesters is the last bastion of the bureaucratic tyrant. No right is beyond revoke and no punishment too severe to stand in the way of "protecting the children".

      Another reason this is asinine: treat someone as if they were (still) guilty of something long enough, and they might just decide to hell with it, they might as well be guilty of something. Which is just a brilliant position to put a sex offender into.

    7. Re:When too much punishment is never enough... by gweihir · · Score: 1

      Well, probably the thing is that murders are just humans having made a mistake, while sex offenders clearly are monsters that will rape, pillage and murder...oh, wait.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    8. Re:When too much punishment is never enough... by angel'o'sphere · · Score: 1

      Was about to write something similar, regarding 'idiotic' laws in the US.
      In Europe in most countries we have also a bit arbitrary laws regarding that. In Germany it is more or less like this: both partners need to be above 14 (which is actually also the legal age for marriage if both sides parents agree), if one partner is 21 or above, the other one needs to be 16 at least. Of course prostitution is forbidden for people below 18.

      The idea that you can only have sex when you are over 18 (as in many US states) or drink alcohol when you are over 21 (all? or only many? US states) sounds completely alien to europeans.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    9. Re:When too much punishment is never enough... by guises · · Score: 1

      There's some rhetoric floating around making the claim that the majority of people who have committed sexual crimes are that way by nature. In other words: the sex offender label is an inseparable part of their character, rather than just a description of something which they did in their past.

      If you watch this lecture by David Lisak, for example, while he exudes rigor and professionalism, he does seem to hold to this viewpoint and does his best to defend it. The only qualifier in that lecture is a single sentence about prison, perhaps, changing people in this respect.

      It feels like a familiar line of thinking, though I'm not sure what to call it. It's not eugenics, since no one is claiming that this is purely a genetic problem. Though Lisak, above, does claim that it's established at a young age.

    10. Re:When too much punishment is never enough... by AmiMoJo · · Score: 1

      This reminds me of when suicide was illegal. If someone survived a suicide attempt they would be charged with a crime against themselves and sent to jail.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    11. Re:When too much punishment is never enough... by Anonymous Coward · · Score: 1

      In many areas suicide is still illegal. The cynic in me says it's mostly because if you commit a felony, the state can legally seize your assets. Making it a felony, not only do they get your stuff, but conveniently there isn't anyone around to argue.

    12. Re:When too much punishment is never enough... by Cro+Magnon · · Score: 1

      I think successful suicide should be a capital offense.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  10. As a formerly registered "sex offender"... by Anonymous Coward · · Score: 5, Interesting

    As a formerly registered "sex offender" (I plead out because they found a nasty loophole in the law that forced me to make a shitty choice) I have turned a very attentive ear to these issues for a very long time. Ever since the 90s the internet has become an extension of the in-person world and "social media" has become a major component of participation in society at large. These laws that ban sex offenders from social media effectively ban them from society and participation in it, greatly increasing the risk of new crimes. Sex offender laws need to be clawed back. Registration needs to be completely discarded; it has no value when objectively examined over the 25+ years that it has existed and causes more harm than good across the board.

    The best way to reform convicts that are not heavily mentally unbalanced (most offenders are one-time offenders and don't go on to have a long rap sheet, after all!) is to help them build social safety nets and positive relationships. To do something other than pursue those specific goals is to intentionally harm society at large.

    1. Re:As a formerly registered "sex offender"... by Anonymous Coward · · Score: 2, Insightful

      Absolutely agree. If you are a danger to society, you belong in jail. If you have served your time, or didn't get time - you don't belong on a list.

    2. Re:As a formerly registered "sex offender"... by swell · · Score: 4, Interesting

      A good friend is on the list. Where I live, anyone can look him up by name or location online. There you will see his photo, current address and a brief description of his 'crime'. Of course he has to keep this data up to date at all times.

      "sex offender" seems to be a euphemism for something involving children. I don't think regular rape gets you on the list. Children are special, of course. My friend, during difficulties with his wife, was accused by her of 'touching' their daughter- age around 10. He was convicted without much fuss and put on the 'list'.

      The reality is that his wife lied. He was and still is best friends with his daughter- now a young adult and they frequently spend time together. But he remains on the list and there seems no way for him to get off. For the rest of his life he will be branded, in public, and all his neighbors will suspect him if not worse.

      --
      ...omphaloskepsis often...
    3. Re:As a formerly registered "sex offender"... by guises · · Score: 2

      I don't think regular rape gets you on the list.

      In the US it varies by state, but no: there's a whole host of things which can get you registered as a sex offender. When I lived in Louisiana I had a neighbor who was registered as a sex offender - the description on the card that he had to give to people was that he had "committed a crime against nature." In reality, he had paid a prostitute for oral sex. No children involved.

    4. Re:As a formerly registered "sex offender"... by Cro+Magnon · · Score: 1

      Awhile back, I got free ID protection due to a breech, and one of their services was to notify me whenever someone on the sex offender list moved into the area. I was always getting those notifications, and I wondered how many of those were cases like your friend, or an 18-15 romance, or even someone taking a whiz behind the bush.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    5. Re:As a formerly registered "sex offender"... by Cederic · · Score: 1

      I don't think regular rape gets you on the list.

      I suspect it does, given what else can..
      http://www.businessinsider.com...

    6. Re:As a formerly registered "sex offender"... by apoc.famine · · Score: 1

      These laws that ban sex offenders from social media effectively ban them from society and participation in it.....

      That is so much bullshit. I agree with this ruling, but stupid hyperbole like this really doesn't make a good case for why this law needed to be struck down. This is about the only social media I engage with. And even then it's not really often. I am not banned from society. In fact, the reason I'm not really on social media is because I'm way too fucking busy for that. And no, I'm not in mom's basement. I'm flying around the country on business. I'm doing shit in my community.
       
      Anyone who thinks that social media is required for participation in society is fundamentally broken. Go outside, and say hello to society in person.

      --
      Velociraptor = Distiraptor / Timeraptor
  11. Stranger Danger by PopeRatzo · · Score: 1

    Sex offenders on social media will make them easier to track.

    --
    You are welcome on my lawn.
    1. Re:Stranger Danger by rmdingler · · Score: 1
      Dateline has exactly zero trouble enticing otherwise upstanding citizens to date a 15 year old... over and over again

      They run the same honeypot trap around where we live a couple of times a year on social media with no shortage of arrests at the end of the investigation.

      If you're looking for something illegal on the internet, try to remember that law enforcement is, too, and their budget & experience likely top yours.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:Stranger Danger by sexconker · · Score: 1

      No shortage of arrests. But what about convictions? The "To Catch A Predator" series is a farce. Some of the things are outright faked, some of them are complete and obvious miscarriages of justice (such as when as producers are running the "investigation" and not the cops), and otherwise they often fail to get convictions because no actual crime is committed - the person they're communicating with from the "Perverted Justice" (very apt name, by the way) and planning to meet is not an actual minor, but an adult who pushes for the meet up.

      And why do they agree to "have a seat over there"? Because they get $$$ for agreeing to be interviewed by Chris Hansen or whoever else. In a real investigation / sting operation, the cops would move in immediately and arrest. They wouldn't wait for an interview with some non LEO to take place. The producers pay money for those interviews, thus funding their legal defense if charges are ever brought.

      They do get convictions in certain instances, but the number of "repeat offenders" on the show should be enough to tell you that it's a bad joke overall.

    3. Re:Stranger Danger by rmdingler · · Score: 1
      DA's refusal to prosecute many of the cases illustrates your point.

      To Catch A Predator is a ratings gambit much like the Dateline shows that catch contractors scamming the public.

      Nonetheless, the format clearly catches the entrapped in situations that might be uncomfortable to explain.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

  12. Ruth Bader Ginsburg by Okian+Warrior · · Score: 1

    Look for numerous unanimous decisions like this going forward. This guy is going to make SCOTUS great again with his consensus building activities. I bet he could talk Justice Alito into voting for installing a transgender bathroom in the building.

    I rather think that Ruth Bader Ginsburg would hold her own in that discussion.

    1. Re:Ruth Bader Ginsburg by Anonymous Coward · · Score: 1

      Only if there are enough bathroom breaks. Well unless she switched to Depends. Then maybe she could hold her own.

  13. Re: I always wonder where they get all those kids. by Nidi62 · · Score: 1

    Just asking for a friend, right?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  14. Re:Got to like a Unanimous decision by gurps_npc · · Score: 1

    Did you not read all of my comment? I repeat - To know someone's deepest, darkest thoughts, ask them what their enemy thinks.

    You have revealed what your own deepest, darkest thoughts are. Thanks for the warning.

    --
    excitingthingstodo.blogspot.com
  15. Re:Sounds like the right decision by CanadianMacFan · · Score: 1

    It's a blanket ban on people who have served their time for their crimes, most often minor offences that got them put onto a list. I have no problems with such provisions being put onto bail or parole for specific persons but not on people who have already served their sentence. These can be places on people who sent a nude selfie or urinated in public just as easily as committed rape.

  16. Re:Sounds like the right decision by rtb61 · · Score: 1

    How about a minors only internet, running on an separate encrypted protocol. Minors gain access via a student card and teachers and authorised authorities gain access via educators cards and all unlicensed adults are forbidden under threat of criminal penalty. Safe and sure, reason it will not happen, psychopathic marketing companies would no longer be allowed to psychologically target, attack and manipulate children to feed the psychopathic greed of corporate executives.

    There should be two internet separated by specific protocols, one for adults and one for minors.

    --
    Chaos - everything, everywhere, everywhen
  17. Re:Sounds like the right decision by AuMatar · · Score: 1

    And how do you define grooming and solicitation? Is just a message to one on a social media site enough? A series? Laws like this are how you define what's punishable and what isn't. If you left it at only the laws from the 80s (or whenever last defined it), you could end up with a situation where by the letter of the law only a telephone call counts, but websites and text messages don't (because they didn't exist at the time and the letter of the law isn't wide enough to include them). Its not just "well this seems like grooming to me", that isn't an enforceable statute.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  18. Re: Sounds like the right decision by angel'o'sphere · · Score: 1

    I have a funny story for that.
    Inwas camping in france with a group of friends and French guy with a 4 or 5 year old daughter joined us (married to a maroccean lady).
    The girl wanted to use my iPad to go on facebook.
    She only had grandmas and grand dads as friends and her profile picture was not herself (don't remember what it was), surprisingly she spoke english, too. Anyway when I looked a bit questioing what she does on my iPad on Facebook she said: "you know, we can put our real age into facebook. That would make a lot of trouble!"
    All the grandmas and granddadies where actually her 4 - 8 year old kid friends.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  19. Comment by WallyL · · Score: 1

    I thought the terms of service for many social media sites state people under a certain age are not allowed to use those services.

  20. Re:Sounds like the right decision by AuMatar · · Score: 1

    And this is what the local lawyer consults. The lawyer doesn't guess at it, the legislature defines what it is. This is part of that definition process.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  21. Re:Sounds like the right decision by david_thornley · · Score: 1

    In the US, the legislature writes the law and the courts define what it is. Our legislators apparently can't be bothered to make the laws well-defined enough to get along without case law.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  22. Re: Got to like a Unanimous decision by rholtzjr · · Score: 1

    No, they don't. That is what makes this hilarious in their remarks.

  23. Re:Republicans always side with freedom... by AutodidactLabrat · · Score: 1

    Don't tell that to the 1 million innocent Iraqis murdered for WMD lies
    Nor the American Citizens interrogated for non-existent Terrorism links
    Nor the "Free citizens" banned from living in low-cost housing due to a separate person's misuse of illegal drugs
    Nor the victims of the Patriot Act nondisclosures
    Nor the women who have lost birth control / abortion access
    no, it looks like repigs are all about "Safety" and care nothing about freedom.