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Is it constitutional to criminalize having a Facebook page?

By Douglas A. Berman

The question in the title of this post is prompted by this local story from North Carolina, which is headlined "Lawyers take on Net predator law." Here are excerpts: Registered sex offenders aren't allowed at schools, churches, shopping malls or other places where children may gather in the real world.  But what about Facebook and other spots in the virtual world?   Two local lawyers say it's unconstitutional to bar registered sex offenders from such social networking sites, and they're seeking to overturn a state law passed by the legislature three years ago. Across the state last year, 75 offenders were charged under the law, which targets social networks such as MySpace and Facebook that allow minors as members.  Eight men were charged by the Durham police and sheriff's departments last summer after an investigation determined that the men were maintaining accounts on the sites...continue to full post

Full post as published by Sentencing Law and Policy on January 30, 2011 (boomark / email).