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Packingham Jr.: Louisiana Court Upholds Ban on Certain Sex Offenders Using Many Social Media Sites

Added 09-22-22 04:21:02pm EST - “Louisiana Rev. Stats. ” - Reason.com

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Posted By TheNewsCommenter: From Reason.com: “Packingham Jr.: Louisiana Court Upholds Ban on Certain Sex Offenders Using Many Social Media Sites”. Below is an excerpt from the article.

Louisiana Rev. Stats. § 14:91.5. forbids "intentional use of a social networking website by a person who is required to register as a sex offender" who had been convicted of sex crimes against minors or of video voyeurism. The statute defines social network website, and excludes:

(i) An Internet website that provides only one of the following services: photo-sharing, electronic mail, or instant messaging.

(ii) An Internet website the primary purpose of which is the facilitation of commercial transactions involving goods or services between its members or visitors.

Yesterday's Louisiana Court of Appeal decision in State v. McMahon (written by Judge Jeff Cox and joined by Chief Judge D. Milton Moore III and Judge Frances Jones Pitman) reasoned that the Louisiana statute differed from the similar North Carolina statute struck down by the U.S. Supreme Court in Packingham v. N.C., for two reasons:

[1.] By tailoring the statute, the Louisiana legislature has targeted those offenders who "often pose a high risk of engaging in … crimes against victims who are minors even after being released from incarceration" which is "of paramount governmental interest." …

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