Jonathan Wells v. United States
FirstAmendment Privacy
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 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