Justia Communications Law Opinion Summaries

In 2010, the circuit court adjudicated Minnis a delinquent minor for committing the offense of criminal sexual abuse (720 ILCS 5/12-15(b) and sentenced him to 12 months’ probation. The adjudication for criminal sexual abuse rendered him a “sex offender” pursuant to the Registration Act (730 ILCS 150/2(A)(5), (B)(1); the court ordered Minnis to register as a sex offender. On December 17, 2010, defendant reported to the Normal police department to register. He disclosed his two e-mail addresses and his Facebook account. Defendant’s May 2011 registration form listed the same Internet information. Defendant registered again in August 2014, including his two e-mail addresses, but omitting his Facebook account. On September 9, Normal police officers viewed defendant’s publicly accessible Facebook profile online; Minnis had changed his Facebook cover photo only one month before his August 2014 registration. The circuit court of McLean County dismissed a charge of failure to register, finding that the Internet disclosure provision was overbroad in violation of the First Amendment. The Illinois Supreme Court reversed and remanded for trial, treating the challenge as one to facial validity. The Internet disclosure provision survives intermediate scrutiny. It advances a substantial governmental interest without chilling more speech than necessary. View "People v. Minnis" on Justia Law

In 2014 the Third Circuit decided King v. Governor of the State of New Jersey, rejecting a challenge brought by licensed counselors to the constitutionality of Assembly Bill A3371, a statute banning the provision of “sexual orientation change efforts” (SOCE) counseling to minors. A similar challenge was filed by a 15-year-old minor seeking to undergo SOCE counseling and by his parents. The Third Circuit affirmed dismissal. Having decided, in King, that the statute did not violate the First Amendment rights of those wishing to “speak” the message of SOCE, the court concluded that the statute does not violate the rights of those who wish to receive that message. The court also rejected a parental rights claim. The fundamental rights of parents do not include the right to choose a specific type of provider for a specific medical or mental health treatment that the state has reasonably deemed harmful. View "Doe v. Governor of New Jersey" on Justia Law

In 2013, Governor Christie signed AB A3371 into law, providing: A person who is licensed to provide professional counseling ... shall not engage in sexual orientation change efforts with a person under 18 years of age. Plaintiffs provide licensed counseling to minor clients seeking to reduce or eliminate same-sex attractions and include providers of religious-perspective counseling. Plaintiffs describe their efforts as “talk therapy,” involving only verbal communication about potential “root causes” of homosexual behavior, such as childhood sexual trauma or a distant relationship with the same-sex parent, with discussion of “traditional, gender-appropriate behaviors and characteristics” and how the client can foster and develop those behaviors and characteristics. They challenged the law as a violation of their rights to free speech and free exercise of religion and asserted claims on behalf of their minor clients. The district court rejected the First Amendment claims and held that plaintiffs lacked standing to bring claims on behalf of their minor clients. The Third Circuit affirmed, reasoning that the statute is a regulation of professional speech that passes intermediate scrutiny. A3371 does not violate plaintiffs’ right to free exercise of religion, as it is a neutral and generally applicable law that is rationally related to a legitimate government interest. View "King v. Governor of NJ" on Justia Law