October Term 2016 · Docket 15-1194
Can a state ban sex offenders from social media sites?
North Carolina bars registered sex offenders from accessing social networking sites. the side that brought the case argues this law violates free speech rights.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
David Goldberg argued the law abridges freedom of speech. He stated it reaches core First Amendment activity. He claimed this activity is unrelated to the government's preventative purpose.
The state argued the law targets virtual places where children congregate. It cited the 2008 decision to prohibit access to commercial social networking sites. It framed this as a logical extension of physical location bans.
Justices probed the line between permissible and impermissible restrictions. They asked about monitoring technology and specific contact scenarios. They tested the law against historical First Amendment principles.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 32-38 — Transcript, file page 10, lines 32-38
- Official Supreme Court Transcript — file page 10, lines 42-44 — Transcript, file page 10, lines 42-44
- Official Supreme Court Transcript — file page 11, lines 8-20 — Transcript, file page 11, lines 8-20
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 24-26 — Transcript, file page 4, lines 24-26
- Official Supreme Court Transcript — file page 4, lines 48-48 — Transcript, file page 4, lines 48-48
- Official Supreme Court Transcript — file page 4, lines 52-10 — Transcript, file page 4, lines 52-10
- Official Supreme Court Transcript — file page 6, lines 28-36 — Transcript, file page 6, lines 28-36
- Official Supreme Court Transcript — file page 7, lines 6-18 — Transcript, file page 7, lines 6-18
- Official Supreme Court Transcript — file page 8, lines 30-34 — Transcript, file page 8, lines 30-34
- Official Supreme Court Transcript — file page 8, lines 38-40 — Transcript, file page 8, lines 38-40
- Official Supreme Court Transcript — file page 8, lines 4-10 — Transcript, file page 8, lines 4-10
- Official Supreme Court Transcript — file page 9, lines 22-38 — Transcript, file page 9, lines 22-38
A citizen's guide to the whole case
What this case is about
North Carolina law prohibits registered sex offenders from accessing commercial social networking websites. the side that brought the case claims this restriction infringes on First Amendment rights. The state argues the ban prevents contact with minors online.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
How the case got here
The Supreme Court heard oral argument in this case on February 27, 2017.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
What each side wants
the side that brought the case wants the court to strike down the state law. He argues the ban restricts core speech unrelated to safety.
The state wants the court to uphold the law. It argues the ban prevents offenders from contacting minors online.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
What each side says
the side that brought the case argues the law reaches vast swaths of protected speech. He claims it is not narrowly tailored to the government's purpose.
The state argues the ban targets virtual places where children congregate. It claims this prevents online contact with minors.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
What the justices asked
Justice Kennedy asked if a state could impose this restriction as a parole condition.
Justice Alito asked if banning a kidnapper from visiting a nursery school violates the First Amendment. He used this to test the scope of the restriction. He also asked if monitoring apps that disclose communication with minors are permissible. Justice Ginsburg asked if contacting a known minor online is a crime.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 32-38 — Transcript, file page 10, lines 32-38
- Official Supreme Court Transcript — file page 10, lines 42-44 — Transcript, file page 10, lines 42-44
- Official Supreme Court Transcript — file page 11, lines 8-20 — Transcript, file page 11, lines 8-20
- Official Supreme Court Transcript — file page 4, lines 24-26 — Transcript, file page 4, lines 24-26
- Official Supreme Court Transcript — file page 4, lines 48-48 — Transcript, file page 4, lines 48-48
- Official Supreme Court Transcript — file page 4, lines 52-10 — Transcript, file page 4, lines 52-10
- Official Supreme Court Transcript — file page 6, lines 28-36 — Transcript, file page 6, lines 28-36
- Official Supreme Court Transcript — file page 7, lines 6-18 — Transcript, file page 7, lines 6-18
- Official Supreme Court Transcript — file page 8, lines 30-34 — Transcript, file page 8, lines 30-34
- Official Supreme Court Transcript — file page 8, lines 38-40 — Transcript, file page 8, lines 38-40
- Official Supreme Court Transcript — file page 8, lines 4-10 — Transcript, file page 8, lines 4-10
- Official Supreme Court Transcript — file page 9, lines 22-38 — Transcript, file page 9, lines 22-38
Why it matters
This case defines the boundary between public safety and free speech online. It determines whether states can ban specific categories of citizens from using the internet. The outcome shapes how governments regulate digital access for convicted individuals. It impacts the right to access information and communicate in public forums.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 32-38 — Transcript, file page 10, lines 32-38
- Official Supreme Court Transcript — file page 10, lines 42-44 — Transcript, file page 10, lines 42-44
- Official Supreme Court Transcript — file page 11, lines 8-20 — Transcript, file page 11, lines 8-20
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 24-26 — Transcript, file page 4, lines 24-26
- Official Supreme Court Transcript — file page 4, lines 48-48 — Transcript, file page 4, lines 48-48
- Official Supreme Court Transcript — file page 4, lines 52-10 — Transcript, file page 4, lines 52-10
- Official Supreme Court Transcript — file page 6, lines 28-36 — Transcript, file page 6, lines 28-36
- Official Supreme Court Transcript — file page 7, lines 6-18 — Transcript, file page 7, lines 6-18
- Official Supreme Court Transcript — file page 8, lines 30-34 — Transcript, file page 8, lines 30-34
- Official Supreme Court Transcript — file page 8, lines 38-40 — Transcript, file page 8, lines 38-40
- Official Supreme Court Transcript — file page 8, lines 4-10 — Transcript, file page 8, lines 4-10
- Official Supreme Court Transcript — file page 9, lines 22-38 — Transcript, file page 9, lines 22-38
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
- Official Supreme Court Transcript — file page 27, lines 4-34 — Transcript, file page 27, lines 4-34
- Official Supreme Court Transcript — file page 3, lines 20-10 — Transcript, file page 3, lines 20-10
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.