For some, crimes involving sexual offenses are the most heinous that can be committed. A person who served a sentence for a murder conviction doesn't have to alert a neighborhood when they move in, but in 30 states, a person guilty of a sex crime is required to do so. In addition, all states and the District of Columbia require sexual offenders to register on a public sex offender registry website.
Some argue that sexual offenders should be banned from being on social media, as it can provide them with a fresh array of new targets if they are so inclined. Others argue that, given that the recidivism rates of sexual crime convicts are often lower than those guilty of other crimes, this may be unfair. According to the highest court in the nation, it's also unconstitutional.
In 2017, the U.S. Supreme Court ruled in Packingham v. North Carolinathat a North Carolina law banning registered sex offenders from using social media online was a violation of their First Amendment free speech rights. It was triggered by a Facebook post made by someone convicted of a sex crime before social media sites existed.
While states can place other restrictions on convicted sex offenders, they can't enact sweeping social media bans. This doesn't mean that convicted sex criminals won't encounter limitations online.
The Medium Is the Message
In Packingham v. North Carolina, the Justices identified social networking sites as the modern version of a public square, where every person has the right to exercise their free speech. North Carolina's social media ban for sexual offenders not only violated their First Amendment rights, it also denied them the opportunity to access job boards, chat rooms, and other advantages offered by online access.
The unanimous decision in Packingham v. North Carolina immediately invalidatedthe North Carolina social media ban, as well as those in other states such as Louisiana's HB 55, passed in 2011. Some states require registered sexual offenders to supply all of their online profiles, usernames, and accounts to law enforcement. Given the ease with which anonymity can be achieved online, there are question about the effectiveness of such programs.
Depending on the jurisdiction and the type of sex crimes they were convicted of, sexual offenders may have other restrictions imposed by the state beyond mandatory sex offender registration. These can include living under a curfew, alerting law enforcement to changes in their job and living situations, and barring them from using drugs or alcohol. Discussion of violating any of these conditions online might have real world repercussions.
My House, My Rules
While the U.S. Supreme Court has sway over how states can regulate the speech of those who were convicted of sex crimes, it has much less control over how private corporations choose to address it. Social media sites are under a much lower degree of strict scrutiny by the courts when it comes to free speech. Since they get to set their own policies, the sites can address the issue with more freedom than a state government.
Facebook and Instagram operate under a complete ban for people convicted of sex offenses. They encourage their members to alert them to any sex offenders and will remove their accounts if verified. Other social media platforms like LinkedIn or Snapchat may not have an outright ban in place, but their Terms of Service will reserve the right to enact a ban on those behaving as sexual predators or disseminating child pornography.
America is a nation that prides itself on giving people second chances. With protections in place that make sure everyone enjoys their constitutional rights, the use of social media can continue to help make it possible.
Related Resources
- The Sexual Offender Registration and Notification Act (SORNA) (FindLaw's Criminal Law)
- Social Media Censorship and the Law (FindLaw's Enforcing Your Civil Rights)
- Sexual Assault Overview (FindLaw's Criminal Charges)
