As social networking has prospered through the Internet, we now apply Packingham‘s premonitions as instructive to our conclusion that the supervised release condition completely banning R.K.’s access to social networking violates his constitutionally protected free speech. We continue to stress that the Board’s regulations must avoid blanket bans on such valued rights. Supervised release conditions must be specifically designed to address the goals of recidivism, rehabilitation, and public safety, which are specifically tied to the individual parolee’s underlying offenses. Statutes and regulations must not afford parole supervisors and officers unlimited personal discretion to determine what conditions are constitutionally permissive.
Accordingly, we remand to the trial court to: (1) resentence R.K. and remove the 2007 CSL condition prohibiting him from accessing social networking on the Internet without the express authorization of the District Parole Supervisor, which the Board added to his June 2000 conviction for fourth-degree lewdness and third-degree endangering the welfare of a child; and (2) allow R.K. to withdraw his September 14, 2012 guilty plea for violating the probation terms of his CSL condition prohibiting social networking on the Internet without the express authorization of the District Parole Supervisor. We discern no basis to allow R.K. to withdraw his guilty plea to the offenses underlying his June 2000 conviction. In addition, we do not preclude the trial court, or the Board, from imposing less restrictive conditions on R.K.’s Internet access that comport with the our federal and state constitutions. Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.
This opinion might motivate law enforcement to dig deeper into sex offender investigations to find a link to social media use related to the underlying offense. If they can, our Courts are more likely to tolerate a complete ban on social media.