2016 Supreme Court term

LESTER GERARD PACKINGHAM v. NORTH CAROLINA

Dockets 15-1194Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner, lester Gerard Packingham is challenging North Carolina’s Section 202.5, which criminalizes social media use by registered sex offenders.

The petitioner argues the law is an overbroad restriction on First Amendment activity.

Background and question before the Court

Petitioner contends that Section 202.5 reaches speech unrelated to the government’s preventative purpose, such as speaking to friends and family about a traffic‑court case.

According to Justice Kennedy, the Court asked whether a state can impose such a restriction as a condition of parole.

According to Justice Sotomayor, justices also questioned whether the statute is overbroad and fails constitutional scrutiny.

What each side argues

Petitioner Position

According to Petitioner, the law is a stark abridgement of the Freedom of Speech because it reaches vast swaths of core First Amendment activity unrelated to the government’s preventative purpose.

Respondent Position

According to Mr. Montgomery, the statute is narrowly tailored; it excludes some major commercial sites, which the respondent argues is a virtue rather than a vice.

According to Mr. Montgomery, the respondent likens the case to Burson v. Freeman, suggesting that a 100‑foot buffer zone limiting political speech was permissible, and argues the same principle applies here.

What happened at oral argument

Justice Kennedy asked whether a state could impose the restriction as a condition of parole.

Justice Sotomayor asked whether the statute is overbroad and fails the level of scrutiny the Court would apply.

According to Chief Justice Roberts, chief Justice Roberts inquired about the possibility of a more narrowly tailored alternative.

Justice Sotomayor asked whether the state can determine a user’s age to enforce the restriction.

Justice Kagan asked which social networking sites are covered by the statute, mentioning Facebook, LinkedIn, Twitter, and Snapchat.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • ad3a0d7aefb660051022-r1-4f8df18b7f97683a.pdforal argument transcript

Guide generated September 25, 2026. Automated validation accepted this version.