Reply To: Sex offenders have First Amendment right to Internet, social media

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SwLaSO

I know this thread is a bit old, but maybe no one will mind if I rant a bit.

I’m a RSO in the state of Louisiana. I’ve been on the registry since around 2008 (almost 10 years). Minimum registration in this state is 15yrs. I won’t begin to list the numerous laws in this state that get you listed as a sex offender, because it is very long. I just wanted to throw something out there.

Just today, I got some news from a friend of mine who is also on the registry. I’ll relay to you here the things that he told me. The following is his information as he told me (paraphrased).

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She (SO Officer at the Sheriffs Department) told me that the Supreme Court has ruled that the social media ban on Sex Offenders because it was ruled unconstitutional. She said the law wasn’t only in that state, but it applies everywhere. It is now okay for you to have a Facebook page.
She is just waiting to get it in writing, but it passed.
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I told him that he should wait until he gets it in writing himself, so he could carry a copy in his pocket at all times, because the backwoods Officers around here probably won’t know the law until it has been in effect for 10 years.

I myself do not plan to go onto facebook until I get a copy of the law in hand. (Just as I have all the others concerning registration.)

I currently do not have a Facebook page. But if anyone believes that there are no SO’s on Facebook simply because there is a law that says they can’t be there, then they (and the rest of FB) are delusional. FB is the most common “meeting place” on the internet. Most people don’t meet a friend, or even speak to someone these days until they have seen their FB page.

Lots of businesses survive because of FB (I know, that is sad) and without a FB page, a small business pretty much can’t get enough advertising to sell product.

Eventually, something else will replace FB and it will go the way of MySpace. But until then, SO’s are going to be on FB and other Social Media, but they will be doing it under a fake name. Even though the FB TOS says they can’t be there, the only way they are found out is from a “concerned citizen” who usually doesn’t even know the SO.

I guess I do have a question…
Is the ruling by the Supreme Court a federal law that takes precedence over state law? Or will each state have to change their laws?
Can a state arrest you if the Federal Courts have ruled it unconstitutional?