Social media ban too harsh on sex offenders?
Court overturns Indiana's ban
- Duration 4:56
- Date Jan 24, 2013
Court overturns Indiana's ban
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Anytime there is this Kelly's court is back in session on the docket today new questions about protecting children.
From sexual predators on the Internet after a decision by a major federal appeals court.
A ban -- Indiana.
Now the Indiana ban prevented registered sex offenders registered sex offenders mind -- From using social media sites likes like FaceBook.
Or sites known to be frequented by children.
The seventh Circuit Court of Appeals said that's unconstitutional it's a restriction of free speech.
It's just too broad they said.
And they said it prohibits more speech than is necessary to protect children.
The law was passed in 2008 to stop register sex offenders from using those web sites where they often go to find their victims.
The fear of course was that they would prey on those children through those sites.
So did the court get it right joining me now Mercedes Colwin Fox News legal analyst and Arthur I -- up former prosecutor now defense attorney.
Wow so Indiana says.
They like to search online for little children.
One of the penalties for being a convicted sex offender is.
You you -- rock -- -- just ready -- you can still use map quest but you know you just can't go to the sites that she might be on Mercedes.
Reasonable I'm I can not believe shame on the seventh circuit that they actually says that this is an unconstitutional law look at the compelling governmental interest.
Everyone says the government that I wanna protect children amen we all do the what are they say they can limit the Internet it become -- virtual playground.
Many of these predators to -- her kids off the bus the bus line or in the school in the playgrounds.
-- on those computers and they and -- -- -- think that they won and of buying up -- of ten children.
Get these types of solicitations that day incredible and other specific that -- there's five million sexual predators that are on the Internet every day.
So there's all -- -- And thank god -- the of the under the court.
Where the judge says the underlying judge that equipment.
You know we've got this issue with these Internet we -- need to protect these children and by the way mr.
John -- that wants -- He'll have plenty of access on the Internet you can send emails you -- a message -- My only you know a good read your door in Joseph main hot air -- -- fine but stay off the sites that like our.
So nobody's disagreeing with anything that Mercedes is saying nobody not even the court.
They're just saying you just can't -- cast as big wide net.
The legislature -- to sit down and talk about different -- different levels of being a registered sex offender just like you're a different levels of assault -- Let's tell it like this sex offenders we don't really need to worry about it they can have access to the children online.
Well there isn't there a difference between us all like and he just punched him in the face that you murdered them it's still assault.
How could the -- pilots -- -- LP showed some so some guy on the bus puts his hand on on somebody's leg.
-- -- -- -- -- -- -- -- -- Well there are right there with his is the bottom line I'm gonna quote the court would be a lawyer but it put up the emotions.
And united lawyer the United States have pre pulled a recovering prosecutor and -- -- defense attorney.
And the United States Supreme Court.
It's based on this precedent for other cases you can't just this is America you just you think if you're committed of this crime anywhere and you are forbidden from every.
Way you know -- that -- -- -- -- -- -- though that the regional time place and manner restriction and that's where it all stance is it reads well absolutely because there's a -- group of people that this restricts you know how many sex offenders are in this country.
Less than than registered sex offenders -- that they let -- senator thousands you've got that part.
If -- reasonable time place manner -- absolutely other -- -- no I mean that's not true and you know you can actually tell you brought up map quest.
-- filled the law is.
Any site that somewhat under eighteen years old -- you know frequent and and -- and -- the disclaimer in -- -- it felt art of that permit that to be constitution it says.
If you know only actually access this knowingly or intentionally accessed -- website that has -- miners on it.
Then you continue to use it then you're worried about is -- violation but what about if he's just got hurt that they're into the minors using the Internet.
Then you get a path that you re him you don't longer thinner and -- you can't you want FaceBook you can't go on linked to and you can't get -- now what -- -- Lincoln as a.
And you're committed sex offense against a child and you lose some of your rights -- now and and what they want the courts want to give the judges more.
Authority to make a decision on the case by case basis that's why the judges have been not computers so a judge could say yes in this case I only want to go all the computer which in New York the judge could do but in this case -- -- was much more minor this is -- limiting.
I gotta say just for the record I don't like it but.
The free the First Amendment it is very broad and very protective good debate.