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Question: Social media have become the predominant means


Social media have become the predominant means by which many Americans communicate, obtain news updates, and discover what is “trending.” At least one state, though, legislated a ban on the use of social media by convicted sex offenders. One of them chose to challenge the law.
North Carolina and the Use of Social Media
North Carolina’s legislature passed the “Protect Children from Sexual Predators Act” in an attempt to prevent predators from finding potential victims on the Internet. Part of that act was codified as North Carolina General Statute 14-202.5. About a thousand sex offenders had been prosecuted for violating this law.
A Long Road through the Courts
When convicted sex offender Lester Packingham, Jr., wrote a Facebook post about a traffic ticket, a police officer saw the post and reported it, and Packingham was convicted of violating a criminal statute. He fought his conviction, and on appeal, it was overturned. The state then appealed, and the North Carolina Supreme Court ruled in the state’s favor.
Packingham appealed to the United States Supreme Court, where he prevailed. The Court pointed out that prohibiting sex offenders from accessing all social media violates their First Amendment rights to free speech. Further, this prohibition “bars access to what for many are the principle sources of knowing current events, checking ads for employment, speaking and listening in a modern public square, and otherwise exploring the vast realms of human thought and knowledge.

Required:
The Court said in its opinion that “specific criminal acts are not protected speech even if speech is the means for their commission.” What use of social media and the Internet might therefore still be unlawful (and not protected free speech) for registered sex offenders?


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