Sex offense attorney in New York
The use of social media have become more than a want but a need in today’s society. However, what are the rules when the individual invoking such a right is supposed to be deprived of such right? Can a sex offender be allowed to use social media like the rest of us? Consult our sex offense attorney in New York to help you find out more about your rights and also to be able to build an appropriate criminal defense in NY.
In a landmark case decided on June 2016, the United States Supreme Court categorically protected the right to use social media by striking down a law preventing registered sex offenders from using social media platforms. This ruling was finalized in the case of Packingham versus North Carolina.
The Landmark Case
The North Carolina Case is one for the books. In the year 2002, the then 21 year old Lester Gerard Packingham pleaded guilty to taking indecent liberties with a child. He was taken in after having sexual contact with a 13-year-old girl and was required to register as a sex offender. As a registeres sex offender in the State of North Carolina, there is a law that bars all registered sex offenders from using social media sites on the Internet.
He was apprehended in a Facebook post in 2010 and later on convicted for violating the North Carolina law banning registered sex offenders from social media sites. Packingham did not contact any minor nor did he do anything illegal with his posting. It was the sheer act of using social media that caused his conviction.
The First Amendment Right and the Use of the Internet
With the birth of the internet, questions on whether certain legislative restrictions affect the First Amendment rights of an individual have never been more important.
In one opinion, the importance of cyberspace and the speed of justice have never been so obvious. The constitutional rights of individuals and the protection of society in general is in a big powerplay.
Justice Kennedy, who penned the decision for the majority of the Court, noted that “one of the most important places to exchange views is cyberspace, particularly social media.” He further said that “the First Amendment permits a state to “enact specific, narrowly-tailored laws” that prohibit sex offenders from engaging in conduct that might lead to a sexual crime, such as using social media sites to contact minors or gather information about them.
Some analysts would say that the point is clear: laws must prohibit sex offenders from using social media to contact potential victims, but that such laws must not be too content neutral that the content is not necessary for one to be convicted of a violation.
Content neutrality is the new answer to censorship now that social media conversations are supposed to be private. However, with the new technology comes new ways to make sure that everybody’s rights are protected.
The Power Of Social Media
At the end of the day, it is important to keep the power of social media to a minimum. Laws must be passed to protect the general good. There are more important legislative changes that you should know more about. Consult an attorney to help you find out more about your rights.
All you should do to spare yourself from criminal prosecution is to call our telephone at: +(1) 347-763-93-96 or you may visit our office at 464 Ocean parkway, Brooklyn, NY 11218.