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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."

14 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: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.

  3. 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.

  4. 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. 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.

  6. 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