News & Analysis as of

Sex Offenders

Why Banning Criminals From The Web Doesn’t Work

by Ifrah PLLC on

A few weeks ago, the Supreme Court issued a unanimous ruling in Packingham v. North Carolina, 137 S. Ct. 1730 (U.S. 2017) invalidating a state law outlawing registered sex offenders from accessing websites which could...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

by Bryan Cave on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

Yes, There is the Right to Facebook (Or Tweet) in the Constitution

by Poyner Spruill LLP on

We had previously written about Packingham v. North Carolina, where the Supreme Court of the United States confronted the question of whether, in an effort to protect minors, States can bar individuals on the sex offender...more

Supreme Court Decides Packingham v. North Carolina, No. 15-1194.

by Faegre Baker Daniels on

On June 19, 2017, the United States Supreme Court decided Packingham v. North Carolina, No. 15-1194, holding that a North Carolina statute that bars registered sex offenders from accessing social networking websites that...more

Second Circuit Defers Allegations of Attorney Relationship With Client’s Mother

On June 5, 2017, in an opinion with facts that even the Court seemed to recognize read like the script for a straight-to-video movie, the Second Circuit (Jacobs, Sack, Carney) declined to overturn a defendant’s conviction and...more

Supreme Court Addresses The Application Of A Rebuttable Presumption

by Fox Rothschild LLP on

The Sex Offenders Act is found in Chapter 7A of Title 13 of the Delaware Code. Section 724A of the Sex Offenders Act imposes a rebuttable presumption “that no sex offender shall be awarded sole or joint custody of any child,...more

"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

by Littler on

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is...more

Indiana Bill to Create New UAV-Related Misdemeanors

S.B. 299, introduced by Senator Eric Koch, has passed the Indiana General Assembly, and is on its way to the desk of Governor Eric Holcomb for his final consideration. S.B. 299 would create Class A misdemeanor offenses...more

In Summary Order, Second Circuit Finds Plain Error in Miscalculation of Defendant’s Supervised Release Guidelines Range

In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more

Breaking: Social Media Comes of SCOTUS Age

by Nancy Myrland on

On Monday, February 27, 2017, during oral arguments in Packingham v. North Carolina, a case involving First Amendment rights of free speech pertaining to the use of social media by former sex offenders in North Carolina, U....more

N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

by Poyner Spruill LLP on

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

Federal Court Rules Alabama Sex Offender Law is “Land Use Regulation” Under RLUIPA

We previously reported on the case Martin v. Houston (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state...more

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

by Williams Mullen on

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

Religious Institutions Update: May 2016

by Holland & Knight LLP on

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

Alabama Sex Offender Religious Land Use Case To Proceed

The U.S. District Court for the Middle District of Alabama has ruled that Ricky Martin may proceed with his religious land use and other claims against the Chilton County District Attorney Randall Houston. The Middle...more

The Supreme Court - April 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Megan’s Law: How California Limits its Use for Employment Purposes

by Seyfarth Shaw LLP on

Since New Jersey led the way in 1994, many states have enacted so-called Megan’s Laws, which establish public online registries of individuals who have been convicted of a sex-based offense. California’s version of Megan’s...more

Court of Chancery Explains Jurisdiction Despite Declaratory Judgment

by Morris James LLP on

It is often contended that the availability of a declaratory judgment in Superior Court to determine the parties’ rights may deprive the Court of Chancery of jurisdiction to grant an equitable remedy such as an injunction....more

Post Session News

Minimum Wage Hike for Airport Workers - On Monday, the Metropolitan Airports Commission backed a $10 an hour minimum wage for about 2,800 employees of airline subcontractors. Commission members voted 11-4 for...more

Warrantless Laptop Search Suppressed In Sixth Circuit

by King & Spalding on

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

In Childhood Sexual Abuse Case, California Appellate Court Finds Church has No Duty to Prevent Its Members from Harming Each Other

In Conti v. Watchtower Bible & Tract Society of New York, Inc. (filed 4/13/15, A136631), the California Court of Appeal, First District, reversed an award of $8 million in punitive damages, on the ground that a Jehovah’s...more

38 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.