State v. R.K.

#CSL #SocialMedia # 1stAmendment #MegansLaw #StrictScrutiny #Overbroad


In what surely is a preview of a New Jersey (maybe even SCOTUS) case, the Appellate Division determined that a provision prohibiting a parolee from accessing social media online as part of a parole provision under Community Supervision for Life violates the 1st Amendment, as it is overbroad and does not survive strict scrutiny. In addition to being facially unconstitutional, it would be unconstitutional as-applied because this parolee’s crimes had nothing to do with social media or computers.


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