Reply To: NARSOL supports man who won rare constitutional challenge

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Mr. Timothy D.A. Lawver

Indiana V. Weida,

The only win here is that Indiana’s SC accepted Packingham from Robin’s state, NC. Since the case involved a citizen on probation the courts sided with state on All but 2 P&P rules. The win is minor as any blanket bans are generally a no-go when courts review them. Like the blanket ban on porn for SOs, internet accessing can NOT actually be stopped. Enforcement is nearly impossible because defining PORN is subjective and completely so. Technically, then the internet is accessed by using a phone or automatic teller or texting. Any number of devices used then would also fall under illegal behavior prohibited simply by connection. The court merely recognizes the one cannot properly function, in modern society, without connection to internet. So this court upheld the vast majority of p&p rules on SOs. The DOCs of States will continue to increase rules and obligations without much interference. someone always seems to have more ideas that might work.