Paula Deen, Facebook, and Registered Sex Offenders
by: Aalvarez • April 30, 2016 • no comments
In Packingham v. North Carolina, the U.S. Supreme Court is being asked to review a North Carolina law making it a felony for registered sex offenders to access any social media sites that allow persons under the age of 18 to post. That law encompasses Facebook, Twitter, Linkedin, etc. Moreover, it applies even to people who have finished serving their sentences, not just to those still in prison or on probation. Lastly, it applies to all registered sex offenders, even those offenders whose crimes had nothing to do with minors.
Despite those constitutional problems, the North Carolina Supreme Court recently upheld the law, in a case where the defendant, 8 years after he was convicted of a sex offense and who was off probation, celebrated the dismissal of a traffic ticket by posting on Facebook that "God is Good!" He was arrested and charged with a felony, on the grounds that he posted on a website usable by those under the age of 18.
In upholding the law, the North Carolina Supreme Court acknowledged that it limited the defendant's speech activities, but explained that there were "ample alternative channels" which the defendant could have used to express himself. Those "ample alternative channels" the court was talking about?
- The Paula Deen Network, a site that lets registered users to swap recipes and discuss cooking techniques;
- WRAL.com, the site of a local TV station;
- Glassdoor.com, an online job searching tool; and
- Shutterfly.com, a photo-sharing website
That's right. The Paula Deen Network. The defendant has filed a petition for cert. to the U.S. Supreme Court and the Court recently asked the state of North Carolina to respond. Should be an important, and amusing, First Amendment case to follow. Petition for cert available here. Amicus brief in support of the petition for cert available here.
