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Thursday, February 16, 2012

LA - Judge Throws Out Louisiana Facebook Ban On Sex Offenders

Original Article

Let's not forget this oldie, where Bobby claims to be an exorcist. So why doesn't he bust out his mojo and exorcise the demons from LA? LOL!

02/16/2012

BATON ROUGE (AP) — A federal judge threw out on Thursday a Louisiana law that bans certain sex offenders from Facebook and other social networking sites, calling the prohibition an unreasonable restriction on constitutionally protected speech.

The law, which took effect in August, made it a crime for anyone convicted of a sex offense against a minor or of video voyeurism to use networking websites, chat rooms and peer-to-peer networks. Lawmakers, backed by Gov. Bobby Jindal, said the ban was designed to keep sex offenders from preying on children in online forums.

U.S. District Judge Brian Jackson, based in Baton Rouge, said the prohibition went too far.

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 unreasonably restricts many ordinary activities that have become important to everyday life in today’s world,” Jackson wrote in his ruling.

The ACLU of Louisiana sought to overturn the law on behalf of two sex offenders identified as John Doe and James Doe.

The organization said the terms used in the law barred the sex offenders from browsing any website that allows users to create profiles about themselves or that has chat rooms, instant messaging and e-mail — sweeping in everything from news websites to job search sites.

During a hearing a few months before his ruling, Jackson noted the statute would appear to ban the sex offenders from using the federal court website.

The attorney general’s office defended the statute, which was sponsored in the Legislature by Rep. Ledricka Thierry, D-Opelousas. A spokeswoman didn’t immediately respond Thursday to a question about whether the attorney general’s office would appeal Jackson’s ruling.

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3 comments:

  1. O.K. EVERYBODY let's hear it..........3 cheers for JUDGE JACKSON!!! I would have to add though, not only was this prohibition an unreasonable restriction on constitutionally protected speech. The entire public registry is an unreasonable restriction on constitutionally protected LIFE !!!!!!!!!!!!!!

    ReplyDelete
  2. I hope that this will be precedent enough for the ACLU, et al to sue Facebook itself to force them to strike their ban on former offenders.  With so many media sites requiring a Facebook account to even comment, banning someone from Facebook alone is tantamount to prior restraint of speech - a violation of the 1st Amendment.

    ReplyDelete
  3. You are absolutely right G4Change.  Facebook has become such a pervasive part of everyday life, that a former offender is virtually unable to participate in many public forums (including my local newspaper which only allows communication via a facebook account.)  Either facebook will have to back off their blanket-prohibition, or media outlets must be compelled to offer non-restricted outlets for commenting. 

    ReplyDelete

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