News From Terre Haute, Indiana

Local & Bistate

Discussion

Welcome to our online comments feature. We welcome your thoughts and your opinions, including unpopular ones. We ask only that you keep the conversation civil and clean. We reserve the right to remove comments that are obscene, racist or abusive and statements that are false or unverifiable as well as posts that are attacking other users. Repeat offenders will be blocked. You may flag objectionable comments for review by a moderator.
comments powered by Disqus
June 25, 2012

No Facebook for sex convicts

ACLU opposing judge’s ruling on ‘playground for sexual predators’

Charles Wilson Associated Press

INDIANAPOLIS — A national civil rights group said Sunday it would appeal a federal judge’s decision to uphold an Indiana law that bans registered sex offenders from accessing Facebook and other social networking sites used by children.

On Friday, Judge Tanya Walton Pratt said in an 18-page order that the state has a strong interest in protecting children and that the rest of the Internet remains open to those who have been convicted.

“Social networking, chat rooms, and instant messaging programs have effectively created a ‘virtual playground’ for sexual predators to lurk,” Pratt wrote in the ruling, citing a 2006 report by the National Center for Missing and Exploited Children that found that one in seven youths had received online sexual solicitations and one in three had been exposed to unwanted sexual material online.

The American Civil Liberties Union of Indiana filed the class-action suit on behalf of a man who served three years for child exploitation, along with other sex offenders who are restricted by the ban even though they are no longer on probation. Federal judges have barred similar laws in Nebraska and Louisiana.

“We will be appealing,” ACLU legal director Ken Falk said in an email Sunday to The Associated Press. Appeals from federal courts in Indiana go to the 7th U.S. Circuit Court of Appeals in Chicago.

Courts have long allowed states to place restrictions on convicted sex offenders who have completed their sentences, controlling where many live and work and requiring them to register with police. But the ACLU claimed that that Indiana’s social networking ban was far broader, restricting a wide swath of constitutionally protected activities.

The ACLU contended that even though the 2008 law is only intended to protect children from online sexual predators, social media are virtually indispensable and the ban prevents sex offenders from using the websites for political, business and religious activities.    

But Pratt found that the ban is limited only to social networking sites that allow access by children, and that such sites aren’t the only forms of communication on the Internet.

“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.

Though the law doesn’t list which websites are banned, court filings have indicated the law covers Facebook, MySpace, Twitter, Google Plus, chat rooms and instant messaging services. Earlier filings indicated LinkedIn was also covered by the ban, but Pratt’s ruling said it wasn’t because children under 18 can’t sign up for it.

“It is a very well-reasoned opinion and the Indiana statute has certainly attempted to be specific,” said Ruthann Robson, a professor of constitutional law at the City University of New York. But she faulted the judge and the law for treating all sex offenders as if they were likely to commit another offense.

“A better statute might provide for some sort of individualized determination rather than a blanket prohibition,” she said.  

Social networking bans have been struck down in two other states.

In February, U.S. District Judge Brian Jackson found that Louisiana’s prohibition was too broad and “unreasonably restricts many ordinary activities that have become important to everyday life.”  

Pratt said Indiana’s ban wasn’t as broad the overturned Louisiana ban.

Louisiana lawmakers passed a new law last month that more narrowly defines which sites are prohibited. News and government sites, email services and online shopping are excluded from the new rules, as are photo-sharing and instant messaging systems. The measure takes effect Aug. 1.

In Nebraska, a federal judge in 2009 blocked part of a law that included a social networking ban. A second legal challenge by an Omaha-area sex offender is set for trial in July.

Text Only | Photo Reprints
Local & Bistate
Latest News
Community Calendar
Loading…
Events by eviesays.com
TribStar.com Poll
AP Video
Probe Begins After Conn. Commuter Trains Crash Coffee Run Leads to Hatchet Hitchhiker Arrest NTSB Begins Investigation Into Conn. Train Crash Fmr. IRS Head Insists No Politics in Targeting Lotto Fever Sweeps the Country Conn. Commuter Trains Collide; 60 Go to Hospital NM Mom Chases Down Child Abductor Raw: Gun Scare Mars Cannes Film Festival Raw: Suicide Bomber Kills 2 Americans, 13 Others China, Others Want What's Under the Arctic Ice CDC: Fecal Bacteria Common in Swimming Pools Raw: Texas Gov. Flies Over Tornado Damage Music Therapy Bonds Parents and Preemies Raw: Driver Ejected From Truck, Over Bridge $1 Million in Jewels Stolen at Cannes Film Fest Raw: 6 Die in Russian Ship Fire Raw: Obama Sits Down With Elementary Kids Raw: Germany Protestors Picket Barbie House One Million Evacuated As Cyclone Hits Bangladesh Raw: Crash Sends Car Into Fla. Pool
NDN Video
Twiggy, the Water Skiing Squirrel Sailor Surprises His Mom At Her CU Denver Graduation Ceremony Official: ‘Amazing’ No One Was Killed In CT Train Crash Lotto Fever Sweeps the Country Coffee Stop Leads To Arrest Of YouTube Sensation Wanted For Murder Bearded Dragon Reunited With Owner Marine Reunited with Warzone Companion Raw: Crash Sends Car Into Fla. Pool Beyonce Is Pregnant! SF baseball player overpaid $500,000 RETURNS money -- and team says KEEP IT $1 Million in Jewels Stolen at Cannes Film Fest Dad returns from Afghanistan, surprises family during Rays' first pitch See Jennifer Lopez's New $10m Hamptons Mansion Woman tricked into taking abortion pill Emma Watson Goes Pantless IRS scandal: Republicans seek to tie Obama to agency's woes Play of the Day: Flipping to Safety Pregnant Kim Kardashian Squeezes Her Swollen Feet Into Stilettos Top Videos of the Week: Angry Taco Bell Guy, Glacier Moves on House, Dog Hates Baths Cindy Crawford Stuns At Cannes
Parade
Magazine
Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity
Real Estate News