Appeals Court Strikes Down Social Media Ban for Sex Offenders


An Indiana law that bans registered sex offenders from using Facebook and other social networking sites that can be accessed by children is unconstitutional, a federal appeals court ruled Wednesday. The Associated Press says the 7th U.S. Circuit of Appeals in Chicago overturned a federal judge's decision upholding the law, saying the state was justified in trying to protect children but that the “blanket ban” went too far. The 2008 law “broadly prohibits substantial protected speech rather than specifically targeting the evil of improper communications to minors,” the judges wrote.

“The goal of deterrence does not license the state to restrict far more speech than necessary to target the prospective harm,” they said in a 20-page decision. The judges noted that the U.S. Supreme Court has struck down laws that restricted the constitutional right to freedom of expression despite good intentions, such as one that sought to ban leafleting on the premise that it would prevent the dropping of litter. The American Civil Liberties Union of Indiana filed the class-action suit on behalf of a man who served three years for child exploitation and other sex offenders who are restricted by the ban even though they are no longer on probation.

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