Reply To: Packingham: Unanimous Court strikes NC’s social media ban

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YAY Chris!! I was wondering how long it would be before someone noticed that. You are absolutely right. Alito has deliberately chosen to avoid the most useful and recognizable language from McKune. And, the statistic that he cites doesn’t really establish anything at all insofar as recidivism is concerned. He might just as well be saying that someone who has robbed a bank is more likely to rob another bank than someone who has never robbed a bank. Well…DUHH! That’s not persuasive. That’s tautological. So I read Alito’s concurrence as mostly a means to assure his wing’s base that they would have preferred a different outcome but they just didn’t have the numbers and they don’t want to be seen as anti-First Amendment on such a broadly presented question…..namely, what rights do Americans have to internet access and participation in social media AFTER they have completed their criminal sentences? But it is a significant insight into the Court’s internal discussions that the “frightening and high” language has been jettisoned. That may be the biggest win of all in Packingham.