Federal Judge Enjoins 300-Foot Rule for Sex Offenders
The North Carolina law making it a felony for some sex offenders to go within 300 feet of certain locations intended for children is unconstitutionally overbroad under the First Amendment. […]
December 7, 2015
Mail Regulation in the Jail
Handling mail to and from inmates is a challenge for jail administrators. Of course they want to enable inmates to handle their legitimate business (including pending legal matters) and maintain family and […]
November 24, 2015
The 300-Foot Rule Goes to Church
Last week the court of appeals decided another case involving the sex offender premises restriction in G.S. 14-208.18. The defendant was convicted of being within 300 feet of a church […]
July 29, 2015
Whose Call on Confederate Flag License Plates?
Following the shooting deaths of nine black worshippers in June at a historically significant Charleston church and South Carolina’s subsequent removal of the Confederate flag from the grounds of the […]
June 22, 2015
Cyberbullying Law Upheld Over First Amendment Challenge
The court of appeals just upheld North Carolina’s cyberbullying statute over a First Amendment challenge. The result is especially noteworthy because it contrasts with a ruling last year in a […]
August 20, 2013
Social Networking Prohibition for Sex Offenders Facially Unconstitutional
North Carolina’s ban on accessing commercial social networking sites by sex offenders is unconstitutional on its face, the court of appeals held this morning in State v. Packingham. Under G.S. […]
January 31, 2013
Social Networking Restrictions on Sex Offenders
In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s […]
December 17, 2012
Supreme Court Upholds Internet Sweepstakes Ban
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such […]
December 13, 2011
Gang Signs
A caller recently asked me whether it is a crime to use gang signs. First, some background. According to one gang expert, “each gang has their own gang hand signs […]
October 16, 2009
Does Mandatory AA/NA Violate the First Amendment?
The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two […]
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