Banhammer On Sex Offenders From Facebook, Social Media: US Supreme Court Debates Its Impact On Freedom Of Speech
Regin OlimberioA Facebook post taunting a dismissed traffic ticket irked the US Supreme Court and made them sprang into action to consider banning sex offenders on social media platforms.
An alleged sex offender from North Carolina named Lester Packingham Jr. wrote on Facebook, "No fine. No court costs. No nothing. Praise be to God." While the case is not totally due to taunting quotes, The Independent reported that Packingham is forbidden to use any social networking sites like Facebook since 2008. Packingham was further instructed not to use social media where children could join.
Packingham is under a suspended prison sentence after being convicted of felony charges. He also served 10 months in prison when he was 21 after being found guilty of indecent liberties with a minor. Since then, Packingham's social media activities are being monitored and Durham Police busted him for using an alias to post on Facebook.
Defense lawyers pointed that there is no substantial evidence that could incarcerate Packingham. They claim that there are no traces of him using a computer to communicate with minors. Even so, lawyers said that the Facebook post in question can't be categorized as inappropriate nor obscene. In fact, it can even be construed as "morally" upright since it praises the divine entity.
Meanwhile, the Supreme Court is debating whether the law that bans sex offenders from communicating with minors via social media is broad. There is a handicap in tracing posts from Facebook, Twitter, Instagram or other platforms, according to Bloomberg. Further, they will also study if banning sex offenders does not violate freedom of speech which is guaranteed in the Constitution.
The lower court in Carolina already has divided ruling on the case though they upheld the decision in the end. Meaning, the final ratification regarding ban of sex offenders from communicating with minors has to emanate from the US Supreme Court, being the highest legal entity in the country.
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