No. 22-5340

Jonathan Wells v. United States

Lower Court: Ninth Circuit
Docketed: 2022-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process first-amendment free-speech internet-access packingham-v-north-carolina sex-offenders supervised-release
Key Terms:
FirstAmendment Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the same First Amendment principles in Packingham apply to sex offenders on supervised release and prohibit untailored bans on internet use during the period of supervision?

Question Presented (OCR Extract)

QUESTION PRESENTED In Packingham v. North Carolina, 137 8. Ct. 1730, 1735-1740 (2017), this Court enunciated that the internet is now the main forum for First Amendment activity. While the government has a very strong interest in preventing the victimization of children online, only a fraction of the internet can be utilized for victimizing children and many uses of the internet, which are increasingly crucial to participation in society, pose no real risk of victimization. Thus, any restrictions placed on citizens’ use of the internet that are meant to protect children must be narrowly tailored to the websites and online activities that could actually facilitate the victimization of children. Based on these principles, the Court struck down a North Carolina statute that banned past sex offenders from accessing commercial social networking sites. The question presented is: Whether the same First Amendment principles in Packingham apply to sex offenders on supervised release and prohibit untailored bans on internet use during the period of supervision? i RELATED CASES e United States v. Wells, No. 3:18-CR-00567, U.S. District Court for the Northern District of California. Judgment entered Dec. 11, 2019. e United States v. Wells, No. 19-10451, U.S. Court of Appeals for the Ninth Circuit. Judgment entered Mar. 22, 2022. ii

Docket Entries

2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-15
Waiver of right of respondent United States to respond filed.
2022-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2022)

Attorneys

Jonathan Wells
Leah Linda SperoSpero Law Office, Petitioner
Leah Linda SperoSpero Law Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent