Court Says Sex Offender Facebook Ban is Unconstitutional, With Judge Eugene Hyman

The law recently made a very reasonable attempt to try and keep people that have been convicted of sexual offenses against children from venues that are historically used by people with this inclination to lure children to have contact with them. Retired Superior Court Judge of Santa Clara, California, Eugene Hyman says that no one, including the court, is questioning the intent of the law but an appellate court in Indiana decided they went about it in too broad of a constitutional way.

According to Hyman, the conditions of parole or probation are constitutional as long as they're not overly broad, directed towards the safety and rehabilitation goals and that they pertain to the crime to which the person was convicted or plead guilty to. To have a law that says when your parole or probationary period ends, you're prohibited from dealing with the internet is overly broad, adds Hyman.

Judge Eugene Hyman  Source:

Judge Eugene Hyman


A better way to structure this law, believes Hyman, would be to say that during the period of probation or parole, the person may not have contact with children via social media, compared to prohibiting the actual use of technology "in toto." To have supervised contact or getting permission from a parole officer would be more reasonable, he adds.

Hyman thinks that the appellate court was correct in its decision and that what needs to happen is a modification of the law dealing with the aspects of using social media, rather than the prohibition entirely.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

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