Facebook ban raises questions on punishment
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Sex offenders are an easy set of criminals to condemn. Their offenses are reprehensible. Politicians can get a lot of mileage out of seeming tough on crime when they load up their sentencing requirements.
But when does the list of penalties become too outrageous? Do lawmakers and the governor believe sex offenders can’t be rehabilitated? Can someone have served his time and move on, or because it is a sex offense, is that impossible?
A recent legal argument over sex offenders is raising those questions.
A federal judge this month threw out a Louisiana law banning certain sex offenders from Facebook and other social networking sites, saying it was an unreasonable restriction on constitutionally protected speech that could keep them off the Internet entirely.
The law, which took effect in August, made it a crime for anyone convicted of a sex offense against a minor or of video voyeurism to use networking websites, chat rooms and peer-to-peer networks.
Gov. Bobby Jindal and lawmakers said the ban was designed to keep sex offenders from seeking out children in online forums.
“The Internet is the virtual playground where sex offenders are trying to strike and prey on our kids. We must have the tools to crack down on monsters that are preying on our kids,” Jindal said in a statement.
The law, according to U.S. District Judge Brian Jackson, also could bar the offenders — including those who have served their time in prison and on parole — from reading news websites, searching for jobs online and working in positions that involved the Internet.
That type of isolation could make it impossible to re-enter society.
Jackson said the prohibition went too far, infringing on constitutional rights.
“Although the act is intended to promote the legitimate and compelling state interest of protecting minors from Internet predators, the near total ban on Internet access imposed by the act unreasonably restricts many ordinary activities that have become important to everyday life in today’s world,” Jackson wrote in his ruling.
During a hearing a few months before his ruling, Jackson noted the statute would appear to ban the sex offenders from even using the federal court website.
Conviction of the crime of unlawful use or access of social media carried a prison sentence of up to 10 years. A second conviction required a prison sentence of at least five years and up to 20 years.
The ACLU of Louisiana sought to overturn the law on behalf of two sex offenders identified as John Doe and James Doe. John Doe is from East Baton Rouge Parish and was convicted in 2002 of possessing child pornography. James Doe is from Iberia Parish and pleaded guilty in another state to having a sexual encounter with a minor, according to court documents.
Jindal vowed to appeal Jackson’s ruling.
“Louisiana families should have the comfort of knowing their children are able to go online without the threat of sex predators. It’s offensive that the court would rule that the rights of sex predators are more important than the rights of innocent children,” the governor said.
In recent years, Jindal has made a crackdown on sex offenses among the centerpieces of his legislative agenda each year. He’s signed into law bills that allow for chemical castration of sex offenders, lengthened jail sentences and expanded monitoring and restrictions on where they can live and travel.
Lawmakers have gone along with nearly every proposal Jindal offered. They balked, however, on a measure to allow the confinement of sex offenders beyond their prison sentences, by involuntarily placing them in mental health facilities for treatment.
The Legislature will get a chance to revisit the Facebook ban in the upcoming session that begins March 12.
Melinda Deslatte covers state politics
for The Associated Press.
But when does the list of penalties become too outrageous? Do lawmakers and the governor believe sex offenders can’t be rehabilitated? Can someone have served his time and move on, or because it is a sex offense, is that impossible?
A recent legal argument over sex offenders is raising those questions.
A federal judge this month threw out a Louisiana law banning certain sex offenders from Facebook and other social networking sites, saying it was an unreasonable restriction on constitutionally protected speech that could keep them off the Internet entirely.
The law, which took effect in August, made it a crime for anyone convicted of a sex offense against a minor or of video voyeurism to use networking websites, chat rooms and peer-to-peer networks.
Gov. Bobby Jindal and lawmakers said the ban was designed to keep sex offenders from seeking out children in online forums.
“The Internet is the virtual playground where sex offenders are trying to strike and prey on our kids. We must have the tools to crack down on monsters that are preying on our kids,” Jindal said in a statement.
The law, according to U.S. District Judge Brian Jackson, also could bar the offenders — including those who have served their time in prison and on parole — from reading news websites, searching for jobs online and working in positions that involved the Internet.
That type of isolation could make it impossible to re-enter society.
Jackson said the prohibition went too far, infringing on constitutional rights.
“Although the act is intended to promote the legitimate and compelling state interest of protecting minors from Internet predators, the near total ban on Internet access imposed by the act unreasonably restricts many ordinary activities that have become important to everyday life in today’s world,” Jackson wrote in his ruling.
During a hearing a few months before his ruling, Jackson noted the statute would appear to ban the sex offenders from even using the federal court website.
Conviction of the crime of unlawful use or access of social media carried a prison sentence of up to 10 years. A second conviction required a prison sentence of at least five years and up to 20 years.
The ACLU of Louisiana sought to overturn the law on behalf of two sex offenders identified as John Doe and James Doe. John Doe is from East Baton Rouge Parish and was convicted in 2002 of possessing child pornography. James Doe is from Iberia Parish and pleaded guilty in another state to having a sexual encounter with a minor, according to court documents.
Jindal vowed to appeal Jackson’s ruling.
“Louisiana families should have the comfort of knowing their children are able to go online without the threat of sex predators. It’s offensive that the court would rule that the rights of sex predators are more important than the rights of innocent children,” the governor said.
In recent years, Jindal has made a crackdown on sex offenses among the centerpieces of his legislative agenda each year. He’s signed into law bills that allow for chemical castration of sex offenders, lengthened jail sentences and expanded monitoring and restrictions on where they can live and travel.
Lawmakers have gone along with nearly every proposal Jindal offered. They balked, however, on a measure to allow the confinement of sex offenders beyond their prison sentences, by involuntarily placing them in mental health facilities for treatment.
The Legislature will get a chance to revisit the Facebook ban in the upcoming session that begins March 12.
Melinda Deslatte covers state politics
for The Associated Press.
