DueProcess FirstAmendment
Does a person on probation have a constitutional right to access the Internet?
QUESTIONS PRESENTED Question One Under the First Amendment, does a person on probation or other form of supervised release have a constitutional right to access the Internet or other computer services for any lawful purpose? Question Two Does Packingham y. North Carolina, 137 S.Ct. 1730, 198 L.Ed.2d (2017), apply : to persons on probation or other form of supervised release, or only to those “persons who already have served their sentence and are no longer subject to the supervision of the criminal justice system” as held by the State of Florida? ; Question Three Under the Due Process clauses of the Fifth and Fourteenth Amendments, does a person on probation or other form of supervised release have a property right to pursue a lawful occupation, including seeking and/or maintaining such an occupation via the Internet or other computer services? ; Question Four Under the Due Process clauses of the Fifth and Fourteenth Amendments, does a ; person on probation or other form of supervised release have a liberty right to be free from probation conditions which operate in a “Catch-22” manner to return him to prison? ; ii