Packinghamv.North Carolina
Lester Packingham, a registered sex offender, was prosecuted under a North Carolina law that made it a felony for covered offenders to access broad categories of commercial social-networking websites. Packingham had posted on Facebook about a positive experience in traffic court. The Supreme Court held that the law violated the First Amendment. Social media provide an important forum for lawful speech, association, and access to information, and the statute barred offenders from using websites that serve those functions without narrowly tailoring the restriction to the State’s legitimate interest in protecting children. The Court recognized the seriousness of sexual abuse and the State’s authority to enact protective laws, but held that the broad prohibition burdened substantially more speech than necessary. It reversed the North Carolina Supreme Court and remanded for further proceedings. Separate opinions disagreed about the proper scope of the constitutional analysis.
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