Judge upholds sex offender ban from Facebook

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Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.

John Doe, who was convicted in 2000 of two counts of child exploitation, challenged Indiana Code 35-42-4-12(e), which does not allow certain sex or violent offenders from using social networking sites or instant messaging and chat rooms if the offender knows a person under the age of 18 can access the site. Violating the statute is a Class A misdemeanor, unless there is a prior, unrelated conviction under this section – then it’s a Class D felony.

Doe wants to be able to access Facebook to monitor his teenage son’s activity on it as well as comment on certain news sites that require a Facebook account. He also argues that he wants to use Facebook to advertise his small business, look at family photographs, and communicate with fellow pilots.

Doe is not on any form of parole or supervised release currently, but is required to register on the state sex and violent offender registry for the rest of his life.

Pratt examined the wording and impact of the statute and found that it is content-neutral and narrowly tailored. The statute leaves “ample alternative channels of communication” and does not violate Doe’s First Amendment rights.

Doe can still use email, message boards, and networking sites like LinkedIn that require users be at least 18.

“The Court readily concedes that social networking is a prominent feature of modern-day society; however, communication does not begin with a ‘Facebook wall post’ and end with a ‘140-character Tweet,’” she wrote in John Doe, on his own behalf and on behalf of those similarly situated v. Prosecutor, Marion County, Ind., 1:12-CV-62.

Pratt also rejected his argument that the law is unnecessary because Indiana already prohibits the solicitation of children “by using a computer network.”

“In sum, the need to deter sexual predators reinforces that the statute at issue is not rendered unnecessary by a separate Indiana statute criminalizing online child solicitation. The statute at issue bars a subset of sex offenders from using a subset of web sites that could easily facilitate communications between sexual predators and their prey,” she wrote. “Accordingly, the Court finds that the statute at issue is narrowly tailored to advance a substantial government interest.”

Pratt denied Doe’s request for a preliminary injunction and permanent relief in the form of a declaratory judgment and permanent injunction.



  • good ruling
    Good ruling and it at least indirectly supports the idea of privacy in the social network. the social network is not public in the same sense as comments that are published in a newspaper for example, or uttered aloud in public space. that difference needs to be underlined much more in decisions and whehter ot not that was part of the analysis, I think that is what some will find implied. good decision.

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.