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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.

 

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  • 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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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