(AP) – A bid to rewrite a state law seeking to ban certain sex offenders from Facebook and other social networking sites on Wednesday started moving through the Louisiana Legislature.
The existing law was declared unconstitutional by a federal judge. A proposal backed by the House criminal justice committee without objection would more narrowly define what sites are banned, with hopes it could withstand a court challenge.
The bill, sought by Gov. Bobby Jindal and sponsored by Rep. Ledricka Thierry, D-Opelousas, heads to the full House for debate, over opposition from a convicted sex offender who said the measure would violate his constitutional free speech protections.
Thierry’s bill would ban certain sex offenders from websites whose primary purpose is “facilitating social interaction with other users of the website and which allows users to create web pages or profiles about themselves that are available to the public or other users.” The proposal spells out that news websites, e-mail pages and online shopping sites aren’t included in the ban.
The prohibition would apply to anyone convicted of a sex offense against a minor or of video voyeurism. Conviction of the crime of unlawful use or access of social media would carry a prison sentence of up to 10 years. A second conviction would mandate a prison sentence of at least five years and up to 20 years.
“It’s only right that as a state we have a compelling interest to protect our children,” Thierry said.
A federal judge threw out a law passed last year that made it a crime for the same list of sex offenders to use networking websites, chat rooms and peer-to-peer networks. The Baton Rouge-based judge said the law was too broad and would effectively ban those sex offenders from the Internet.
The ACLU of Louisiana filed a lawsuit on behalf of two sex offenders identified as John Doe and James Doe. The organization said the terms used in the law barred the sex offenders from browsing any website that allows users to create profiles about themselves or that has chat rooms, instant messaging and e-mail – sweeping in everything from news websites to job search sites.
Convicted sex offender Marc Fruge, of Carencro, asked lawmakers Wednesday to reject this year’s bill, saying it would restrict him from communicating with his elected officials online, posting comments on news sites and exercising his First Amendment rights.
“I don’t have a right to free speech if this is passed,” said Fruge.
Fruge said he was convicted of a sex crime after he met an underage girl through a dating website in which she claimed to be 21 years old.
 
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