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7th Circuit strikes down sex-offender social media ban as unconstitutional

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Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.

John Doe, a Marion County man who is a convicted sex offender not on supervised release, filed this lawsuit on behalf of himself and other similarly situated people who would be banned from using certain social media, like Facebook, or chat rooms or instant messaging under the law. Doe wanted to be able to monitor his teenage son’s Facebook account, as well as use social media for business purposes.  

U.S. Judge Tanya Walton Pratt ruled in June 2012 that the law is not unconstitutional and that Doe and others have alternative channels of social media communication they could use, such as blogging or posting on message boards. She noted that this law aims to prevent and deter sexual exploitation of minors by certain sex offenders whereas other laws that prohibit online solicitation of children aim to punish those who have already committed the crime of solicitation.

In John Doe v. Prosecutor, Marion County, Indiana, 12-2512, the 7th Circuit found the law to be content neutral but is not narrowly tailored. The law targets “substantially more activity than the evil it seeks to redress,” Judge Joel Flaum wrote. Indiana has other methods to combat unwanted and inappropriate communication between minors and sex offenders and those statutes have enhanced penalties for using a computer network and “better advance Indiana’s interest in preventing harmful interaction with children (by going beyond social networks.)”

The 7th Circuit noted that the General Assembly could more precisely target illicit communication or increase the sentences for solicitation.

Flaum also wrote this decision should not be read to affect the District Court’s latitude in fashioning terms of supervised release or states from implementing similar solutions.

“We conclude by noting that Indiana continues to possess existing tools to combat sexual predators. The penal system offers speech-restrictive alternatives to imprisonment. Regulations that do not implicate the First Amendment are reviewed only for a rational basis. The Constitution even permits civil commitment under certain conditions. But laws that implicate the First Amendment require narrow tailoring. Subsequent Indiana statutes may well meet this requirement, but the blanket ban on social media in this case regrettably does not,” he wrote.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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