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The suit challenged the constitutionality of Indiana Code § 35-42-4-12, which prohibits certain sex offenders from knowingly or intentionally using a “social networking web sites” or “instant messaging or chat room programs” that allow access or use by minors. If the goal is to prevent litter, the Schneider court said, you can’t restrict the speech of the handbill distributor. A thoughtful article on North Carolina’s social networking prohibition by one of the lawyers involved in that case is available on the N.
The federal district court judge upheld the law, finding it to be appropriately tailored to meet the state’s legitimate interest in protecting children from predators and not “substantially broader than necessary” to meet that end. The court applied the version of intermediate scrutiny applicable to content neutral restrictions on speech like this one: the law must be “narrowly tailored to serve a significant governmental interest” and must “leave open ample alternative channels for communication of the information.” Slip op. There was no question that the government’s interest—protecting children—was significant, but the court concluded that the law’s complete ban on social networking impacted too much communication falling outside the “targeted evil.” Slip op. Rather, you should enforce the existing littering laws on the handbill recipients who drop the paper on the ground. 17, 2012), which included a sizeable attorney fee award to the plaintiff sex offenders, 2012 WL 6681855 (D.
The venture-backed firm had not verified that users of its now-shuttered teen section were under 20, giving predators easy access.Sulake said it had kept 225 moderators and is still investigating what went wrong.