I was the trial lawyer in this case in 2010 and I moved to dismiss the case alleging that N.C. Gen. Stat. 14-202.5 which forbids the accessing of a commercial social networking web site by a registered sex offender was unconstitutional. The Court of Appeals agreed with me and ruled that the statute violated the First Amendment and was unconstitutional on its face and as applied. However, last week the NC Supreme Court reversed, holding that section 14-202.5 was constitutional and was not unconstitutionally overbroad or vague.
This law prevents one from having a Facebook page or accessing other social network sites where minors under 18 years of age are permitted. The next appeal will be in federal court but until the NCSC decision is reversed, persons on the sex offender registry must stay off sites where minors may be members.
State v. Packingham, Docket: 366PA13, Opinion Date: November 6, 2015
