Parole Condition Banning Porn Access for Sex Offender Upheld
The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment staff, or patronize any place where such material or entertainment is available." The condition does not violate the First Amendment. The relevant statute requires conditions to be "reasonably related" to and involve "no greater deprivation of liberty than is reasonably necessary" to deter criminal conduct, protect the public, and provide the defendant with "correctional treatment in the most effective manner." That standard is met. The court says nothing about First Amendment law. See: United States v. Bee, 162 F.3d 1232 (9th Cir. 1998).
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