Judge Rules Sex Offender Internet Ban Unconstitutional
By: Michael Pickett
Updated: January 23, 2013
A federal appeals court rules Indiana's ban of sex offenders from social networking sites is unconstitutional.
The U.S. 7th Circuit Court of Appeals ruled that the law "broadly prohibits substantial protective speech, rather than specifically targeting the evil of improper crimes to minors." The ACLU of Indiana, which filed the suit, says lawmakers need to consider the constitution when making laws.
"Enacting laws to govern our society, including protecting our children, is an awesome responsibility that requires our lawmakers balance our need for order with our need for liberty," says Jane Henegar, Executive Director of the ACLU of Indiana.
But law enforcement officials disagree. Det. Mike Robinson of the Vanderburgh County Sheriff's Office says the law was put in place for a good reason and that he fears more future instances of child solicitation and cyber stalking will happen if the ban is lifted.
Despite the judge's decision, parents should still watch out for predators on sites like Facebook or Twitter. Social media expert Dana Nelson says offenders can still find ways around the ban by setting up accounts under aliases. They can also track their targets through their images or postings.
"What a lot of people think is acceptable, a social predator or cyberstalker could easily gather bits and pieces of information that are on various social networks and put together who you are, where you go to school, what time of day you go there, and where you work," she says.
The U.S. 7th Circuit Court of Appeals ruled that the law "broadly prohibits substantial protective speech, rather than specifically targeting the evil of improper crimes to minors." The ACLU of Indiana, which filed the suit, says lawmakers need to consider the constitution when making laws.
"Enacting laws to govern our society, including protecting our children, is an awesome responsibility that requires our lawmakers balance our need for order with our need for liberty," says Jane Henegar, Executive Director of the ACLU of Indiana.
But law enforcement officials disagree. Det. Mike Robinson of the Vanderburgh County Sheriff's Office says the law was put in place for a good reason and that he fears more future instances of child solicitation and cyber stalking will happen if the ban is lifted.
Despite the judge's decision, parents should still watch out for predators on sites like Facebook or Twitter. Social media expert Dana Nelson says offenders can still find ways around the ban by setting up accounts under aliases. They can also track their targets through their images or postings.
"What a lot of people think is acceptable, a social predator or cyberstalker could easily gather bits and pieces of information that are on various social networks and put together who you are, where you go to school, what time of day you go there, and where you work," she says.
