08/19/2011
By MICHAEL KUNZELMAN
NEW ORLEANS — A federal judge refused Friday to temporarily block Louisiana officials from enforcing a new law that limits sex offenders' access to social networking websites and other online forums.
The American Civil Liberties Union of Louisiana sued Gov. Bobby Jindal and Attorney General James "Buddy" Caldwell this week and asked U.S. District Judge Brian Jackson for a temporary restraining order that would prevent the state from enforcing the law, which took effect on Monday.
But the judge ruled Friday that Jindal and Caldwell — the only defendants named in the suit — don't have the authority to take the action that the ACLU is seeking.
"The defendants lack original jurisdiction over criminal prosecutions pursuant to (the new law) and also lack the authority to order those with such original jurisdiction not to exercise it," Jackson wrote.
Marjorie Esman, the ACLU chapter's executive director, said in response to the ruling that the group may amend the suit to name additional defendants.
"We'll do whatever is necessary ... to make sure we can get the kind of relief our plaintiff needs," she said.
The ACLU sued on behalf of an anonymous plaintiff who is a registered sex offender, living in East Baton Rouge Parish.
The new law prohibits "unlawful use or access of social media" by convicted sex offenders whose victim was a child. Probation, parole officers and judges can make exceptions, but the ACLU says the law doesn't specify any procedures for obtaining permission.
The ACLU claims the law is overly broad and unconstitutional. The group says the law may have targeted sites like Facebook and MySpace but also blocks access to newspaper sites, job databases and other websites.
In a statement earlier this week, Jindal said he will fight the ACLU's suit "with everything I have" and called their challenge "a disturbing break from reality, even for the ACLU."
The plaintiff was convicted of possessing child pornography and served four years in prison. He has worked as a computer repair technician since his 2006 release but will be unable to perform his job under the law's restrictions, the suit says.
The ACLU had asked Jackson to issue the restraining order pending an Aug. 26 hearing on the group's request for a preliminary injunction. Jackson's order Friday doesn't pass judgment on the merits of the ACLU's claims that the law is unconstitutional.
