Louisiana law bans sex offenders from websites

Final arguments for and against the Louisiana Legislature's House Bill 55 — which bans sex offenders guilty of crimes involving minors from using social networking sites, chat rooms and peer-to-peer networks — are due Nov. 23.

The American Civil Liberties Union filed a lawsuit against the state after the bill took effect Aug. 15, according to Marjorie Esman, executive director of the ACLU of Louisiana.

According to Lt. Terry Mathis with the East Baton Rouge Parish Sherriff's Office, Baton Rouge has a particularly large number of sex offenders. He said the city is home to 129 tier-three offenders, which are the "highest risk offenders," including "major rapists and multiple offenders."

Baton Rouge has 91 tier-two offenders, whose crimes involved juveniles, and 234 guilty of tier-one offenses, which includes simple rape, indecent behavior with minors and incest, among other offenses.

The ACLU derides the social media bill in a news release, calling it a breach of First Amendment rights and too broad in application, stating that those subject to the ban would be forbidden from using any sites featuring comment sections, such as newspaper sites.

"It is essentially a blanket ban on the use of the Internet," Esman said. "And it is unconstitutional to the extent that it bans any sites with comment sections."

Esman also noted the difficulties of monitoring and enforcing the ban from both sides of the law. "You don't know whether or not the sites have comments unless you've been there," she said. "But it would be a felony if you go."

According to Esman, the sex offenders in question would be able to apply for waivers to visit particular sites from their court of indictment or probation and parole officers, but she says this is too difficult to maintain.

"You can't run to the court every time you see a link," she contended. "You'd have to get permission for everything you want to do."

Both of the ACLU's clients in the case rely on the Internet for work. One of the clients was convicted for possession of child pornography, according to the lawsuit.

Esman pointed out that statutory rapists would also fall under the category of sexual offenders guilty of crimes against minors.

She added that one "wouldn't be able to fully interact as a student" under such a ban, saying that "you'd be really limited in your ability to actively participate in a university community."

Students are also wary of the effects broad generalizations could have when enforcing laws upon and monitoring the sex offender community, whether through tracking or Internet bans.

Mallory Richard, political communication junior, said the bill is "a little severe considering how dependent we are on the Internet."

Richard, who has an application on her phone which plots the locations of sex offenders, thinks the tracking of sex offenders remains important although the level of severity differs. But an overall ban on social Internet use is too far, she said.

"It's throwing the baby out with the bathwater," she said.

Sociology sophomore Ryan Smith agreed with Richard.

"It's a little unfair," he said. "If it were a violent crime, then I may be worried."

Both Richard and Smith said they were unfazed by the prospects of sexual offenders living near them.

"It comes with the territory," Richard said about moving in near a college campus.

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Contact Clayton Crockett at ccrockett@lsureveille.com