CO: Appellate Court Upholds Internet Restrictions WHILE ON PROBATION

A Colorado Appellate Court ruled that Internet restrictions WHILE SOMEONE IS STILL ON PROBATION do not violate an individual’s first amendment right. The Court distinguished the current case (where the person was still on probation) from the US Supreme Court’s Packingham decision (where the person was not).

The decision can be found here: https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2021/17CA1449-PD.pdf

Remember… Internet restrictions CAN be imposed as a condition of probation, but cannot be imposed as a condition of registration.

7 thoughts on “CO: Appellate Court Upholds Internet Restrictions WHILE ON PROBATION

  • July 9, 2021 at 12:24 pm
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    If it is still against TOS then a company can still do so correct? Facebook deletes my account every time shortly after I report it to FDLE.

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    • July 9, 2021 at 12:58 pm
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      Yes. Private companies can ban you.

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      • July 9, 2021 at 3:18 pm
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        I’d be interested if the new law in Florida that forbids social media companies from banning politicians would inadvertently have an impact on a Registrants situation. While I doubt the law will be upheld in the courts, if it were-The new Florida law specifically calls social media part of the public square. Public square = first amendment rights aka packingham.

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  • July 9, 2021 at 1:41 pm
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    I got off paper 8 1/2 years ago but the sheriff’s office still says that I am not allowed to go on the internet. Louisiana small town life for ya. Can’t even register internet identifiers.

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    • July 9, 2021 at 1:57 pm
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      I’d get that in writing if I were you.

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  • July 9, 2021 at 2:27 pm
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    In Michigan, they leave it up to the discretion of each individual probation officer. Winds up with unequal treatment across the state depending upon who is supervising you. I always advise everyone to get it in writing if you are granted permission. But I also have to remind them that they agreed to the restrictions in order to get parole or probation. They do allow us in Michigan to use the computers at the Michigan Works employment office to search and apply for jobs, but some applications want you to include your email address, which you are allowed to have on parole in Michigan, but can’t check until your next allowed outing to Michigan Works. Not exactly what employers are looking for.

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  • July 9, 2021 at 8:31 pm
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    People cant get jobs without internet they do all there paper work on internet plus companies have it that some of your training is on internet let go people we keep doing our writing and fighting back also people remember patty wetterlington help get one of the laws she is unhappy with the way they are doing the law say it isnt3 being use for what it was made for

    Reply

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