Comment Re:Incoming 1st Amendment Challenge (Score 1) 587
The main problem with the Illinois law is not that it limits free speech, but that it is ex-post facto sentencing.
No, it's not. From the text of the law (Public Act 096-0262):
[730 ILCS 5/3-3-7(a)
...] The conditions of every parole and mandatory supervised release are that the subject:
[...]
(7.12) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];[730 ILCS 5/5-6-3(a)] The conditions of probation and of conditional discharge shall be that the person:
[...]
(8.9) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];[730 ILCS 5/5-6-3.1] (s) An offender placed on supervision for a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly shall refrain from accessing or using a social networking website [...definition location...].
There is nothing ex post facto about this law. It only applies to people who are convicted of crimes committed after the law takes effect.
davidh