That article does an excellent job of describing how dangerously close SCOTUS came to foreclosing any challenge to partisan gerrymandering on the basis of it being a nonjusticiable political question. Kennedy saved the day by saying there could be a way for the courts to intervene. I'm sure that if cert is granted, all briefs filed are going to be aimed squarely at convincing Kennedy (as is so often the case).
Supreme Court strikes down law banning use of Facebook by registered sex offenders
Washington (CNN)The Supreme Court unanimously struck down a North Carolina law that bars the use of commercial social networking sites, including Facebook, by registered sex offenders.
A lower court upheld the law, but lawyers for Lester Gerard Packingham -- who is a registered sex offender -- say it is too broad and swept in their client even though his Facebook posting concerned the fact that his parking ticket was dismissed.
"No fine, no court costs, nothing spent... Praise be to God" he wrote.
After the office came upon the posting, Packingham was found guilty of violating the law that says "it is unlawful for a sex offender who is registered ...to access a commercial social networking site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking site."
North Carolina argues the law was passed to "confront the threat sexual predators pose to children."
Packingham's lawyers note that when they filed their petition Facebook had grown to 1.59 billion users. They argued the section of law at issue "imposes criminal punishment for activity fully protected under the First Amendment."
At oral arguments, David T. Goldberg said that the law reaches "vast swaths of core First Amendment activity that is totally unrelated to the government's preventative purpose" and that it is "totally unrelated to the government's preventative purpose." Goldberg noted that his client was not accused of communicating with or viewing the profile of a minor, but "speaking to his friends and family" about his experience in traffic court.
They maintained that the section of the law "is not narrowly tailored; it does not leave open ample alternative channels for the First Amendment activities it burdens; and it does not directly or effectively future the government's interests."
Supreme Court strikes down law banning use of Facebook by registered sex offenders
Washington (CNN)The Supreme Court unanimously struck down a North Carolina law that bars the use of commercial social networking sites, including Facebook, by registered sex offenders.
A lower court upheld the law, but lawyers for Lester Gerard Packingham -- who is a registered sex offender -- say it is too broad and swept in their client even though his Facebook posting concerned the fact that his parking ticket was dismissed.
"No fine, no court costs, nothing spent... Praise be to God" he wrote.
After the office came upon the posting, Packingham was found guilty of violating the law that says "it is unlawful for a sex offender who is registered ...to access a commercial social networking site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking site."
North Carolina argues the law was passed to "confront the threat sexual predators pose to children."
Packingham's lawyers note that when they filed their petition Facebook had grown to 1.59 billion users. They argued the section of law at issue "imposes criminal punishment for activity fully protected under the First Amendment."
At oral arguments, David T. Goldberg said that the law reaches "vast swaths of core First Amendment activity that is totally unrelated to the government's preventative purpose" and that it is "totally unrelated to the government's preventative purpose." Goldberg noted that his client was not accused of communicating with or viewing the profile of a minor, but "speaking to his friends and family" about his experience in traffic court.
They maintained that the section of the law "is not narrowly tailored; it does not leave open ample alternative channels for the First Amendment activities it burdens; and it does not directly or effectively future the government's interests."
Unpopular, but the correct opinion. Between this and The Slants case that also got decided today, the Free Speech Clause of the First Amendment is one thing that this current incarnation of SCOTUS rarely gets wrong.
I remember a fight in my Town over whether a registered sex offender had access to the computers at the library, b/c there was children's program upstairs.
I don't know, as a parent, you don't want a sex offender anywhere near your kids, but if you're not going to put them in prison, you have to give them a shot at a life I guess. They have to be able to find shelter, food, and have a chance a job. If you don't give a sex offenders the means to live whatever kind of shitty life they have left or the means to at least eat, you might as well just stick them back in prison.
I say that thinking that more probably should be in prison or some kind of residential facility.
Everything's perfectly all right now. We're fine. We're all fine here, now, thank you. How are you?
Supreme Court strikes down law banning use of Facebook by registered sex offenders
Washington (CNN)The Supreme Court unanimously struck down a North Carolina law that bars the use of commercial social networking sites, including Facebook, by registered sex offenders.
A lower court upheld the law, but lawyers for Lester Gerard Packingham -- who is a registered sex offender -- say it is too broad and swept in their client even though his Facebook posting concerned the fact that his parking ticket was dismissed.
"No fine, no court costs, nothing spent... Praise be to God" he wrote.
After the office came upon the posting, Packingham was found guilty of violating the law that says "it is unlawful for a sex offender who is registered ...to access a commercial social networking site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking site."
North Carolina argues the law was passed to "confront the threat sexual predators pose to children."
Packingham's lawyers note that when they filed their petition Facebook had grown to 1.59 billion users. They argued the section of law at issue "imposes criminal punishment for activity fully protected under the First Amendment."
At oral arguments, David T. Goldberg said that the law reaches "vast swaths of core First Amendment activity that is totally unrelated to the government's preventative purpose" and that it is "totally unrelated to the government's preventative purpose." Goldberg noted that his client was not accused of communicating with or viewing the profile of a minor, but "speaking to his friends and family" about his experience in traffic court.
They maintained that the section of the law "is not narrowly tailored; it does not leave open ample alternative channels for the First Amendment activities it burdens; and it does not directly or effectively future the government's interests."
Unpopular, but the correct opinion. Between this and The Slants case that also got decided today, the Free Speech Clause of the First Amendment is one thing that this current incarnation of SCOTUS rarely gets wrong.
This gets a link but not the Slants? Priorities people. =P
SCOTUS just granted cert in Masterpiece Cakeshop. v. Colorado Civil Rights Commission, to determine whether or not a cakeshop has First Amendment rights to not be compelled to make cakes for same sex marriages. Although I can see possible Free Speech Clause issues here, I'm going to be really, really pissed if they ignore those but find in their favor on Free Exercise Clause grounds.
And since today appears to be all about gays and guns on the Court:
--It summarily reversed a ruling in Arkansas in which the state was not putting the names of both spouses on birth certificates of their children. Gorsuch dissented, joined by Thomas and Alito. (It hasn't taken Gorsuch long at all to demonstrate where he's going to stand.)
--The Court also denied cert in a case dealing with whether former criminals can possess guns. Ginsburg dissented from the denial, joined by Sotomayor.
Simple Torture wrote:Anything to these Kennedy rumors you think, GH?
I can't read his mind, so I have no clue. If I were Kennedy and in good health though, I wouldn't retire on the grounds that I'd still remain the most powerful jurist in the United States.
