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October 19, 2010
Probation Limitations on Internet and Facebook Use Violate First Amendment -- In re J.J.
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With this in mind, the court concludes that the limitation on J.J.'s computer (and internet) use is overbroad because it "forecloses access to countless benign and protected uses, and is insufficiently narrowly tailored to serve government interests." The ban:
The court also modified the condition which restricted use of computers which contained any "encryption, hacking" or similar software because it was vague - J.J. could violate it unknowingly. The court adds a limitation that the violation must be "knowing" in order to constitute a violation.
more....
Probation Limitations on Internet and Facebook Use Violate First Amendment -- In re J.J.
snip
With this in mind, the court concludes that the limitation on J.J.'s computer (and internet) use is overbroad because it "forecloses access to countless benign and protected uses, and is insufficiently narrowly tailored to serve government interests." The ban:
renders modern life -- in which, for example, the government strongly encourages taxpayers to file their returns electronically, where more and more commerce is conducted on-line, and where vast amounts of government information are communicated via website -- exceptionally difficult.
The ban on the use of internet and social networking sites failed because it was unrelated to J.J.'s criminal history. There was no evidence that J.J.'s receipt of the stolen motorcycle was the result of (or related to) any online activity. The court also modified the condition which restricted use of computers which contained any "encryption, hacking" or similar software because it was vague - J.J. could violate it unknowingly. The court adds a limitation that the violation must be "knowing" in order to constitute a violation.
more....
