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14-Jul-2019 04:55

It is well established that, as a general rule, the Government “may not suppress lawful speech as the means to suppress unlawful speech.” … You can’t “suppress lawful speech as the means to suppress unlawful speech.” Exactly.

One interesting question here: How, in heaven’s name, could court (or, for that matter, any legislature) think that this scheme comports with the First Amendment?

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, holding 8-0 that a North Carolina law prohibiting previously convicted sex offenders from accessing or using “social networking” websites violates the First Amendment.

“Unexceptionalism,” The majority takes the Unexceptionalist position: the Internet is just like a park — a public place where people can go to express themselves; it’s just like real space, and the same principles should apply to it. [I]t is easier for parents to monitor the physical locations that their children visit and the individuals with whom they speak in person than it is to monitor their internet use. [Unlawful conduct in real space is more likely to] be observed by parents, teachers, or others. [T]he internet offers an unprecedented degree of anonymity and easily permits a would-be molester to assume a false identity.

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After noting that “a street or a park is a quintessential forum for the exercise of First Amendment rights,” the Court states that “cyberspace” and “social media in particular” are now “the most important places (in a spatial sense) for the exchange of views.” …

The Court declines to explain what this means with respect to free speech law, and the Court holds no more than that the North Carolina law fails the test for content-neutral “time, place, and manner” restrictions.

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