NC Supreme Court will hear GPS monitoring case

By Emery P. Dalesio, AP . . . North Carolina’s Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search. The state’s highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the…

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UPDATE: SCOTUS grants cert; will hear NC Facebook case

By Robin Vanderwall . . . The United States Supreme Court has accepted the petition for a writ of certiorari from Lester Gerard Packingham who was arrested in 2012 for posting a message on Facebook in violation of North Carolina’s prohibition against sex offenders accessing social media websites. On petition to the U.S. Supreme Court since January 2016, the Packingham…

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Packingham petition offers hope for change at nation’s highest court

By Robin . . . Among the more significant cases concerning registered citizens that have made their way to the United States Supreme Court, few have had as much potential to change the course of appellate review and affirm the First Amendment protections guaranteed to every American citizen than Packingham v. North Carolina (petition No. 15-1194). After the chief justice…

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Packingham Facebook case set for conference May 12

By Robin Vanderwall . . . The United States Supreme Court has set Packingham v. North Carolina for conference on May 12, at which time the Court will decide whether or not to grant a Writ for Certiorari. The petitioner’s request can be viewed here. The state of North Carolina waived response on April 6, 2016. Should the Court elect…

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NC Supreme Court: access to social networking sites not about speech or First Amendment rights

By David Post . . . As most VC readers know, First Amendment law is dominated by a single question, the 800-pound constitutional gorilla that’s always in the room:  What “level of scrutiny” will the court apply to the challenged government action? How much will it demand from the government by way of justification for whatever it was that it…

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