"Judge strikes down Kentucky’s social media ban for sex offenders

"84th legislative session, House Bill 1914

By: By John Cheves – October 20, 2017

Frankfort Kentucky’s registered sex offenders have the constitutional right to use Facebook, Twitter and other online social media, a federal judge ruled Friday.

Ruling in a lawsuit brought by a Lexington child pornography defendant identified only as “John Doe,” U.S. District Judge Gregory Van Tatenhove struck down Kentucky’s sweeping restrictions on internet access for registered sex offenders.

“This is a very important decision,” said Scott White, a Lexington attorney who represented Doe. “The laws effectively deprived anyone on the sex offender registry of access to the most effective forms of communication that we have today. It was a complete suppression of speech.”.

One law prohibited sex offenders from using social networking websites or instant messaging or chat rooms that potentially could be “accessible” to children — which is to say, much of the internet. The other law required sex offenders to keep their probation or parole officers updated on all of their email addresses and various online identities.

Van Tatenhove cited a unanimous decision by the U.S. Supreme Court in June that struck down a similar North Carolina ban on social media for sex offenders, in part because so many civic institutions — from elected officials to news media — are now tied into social media.

For example, the Herald-Leader’s Kentucky.com website would be off-limits to sex offenders under the state’s ban because it has a comments section open to the public, Van Tatenhove wrote.

Kentucky’s law “burdens substantially more speech than necessary to further the commonwealth’s legitimate interests in protecting children from sexual abuse solicited via the Internet,” Van Tatenhove wrote.

“Indeed, rather than prohibiting a certain type of conduct that is narrowly tailored to prevent child abuse, the statute prevents Mr. Doe and others similarly situated from accessing what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge,” he wrote. In 2015, Doe sued Fayette County prosecutors and the state’s Justice and Public Safety Cabinet to challenge the internet access restrictions, arguing that they violated his First Amendment right to free speech and his Fourteenth Amendment right to due process under the law.

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