By: Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

Court Imposed Post-Release Condition that Defendant Not Use Social Media Was Not Unconstitutional Vague 

Facts: Using his Facebook account, defendant posted a picture of three Elk Grove Police Department officers with crosshairs superimposed over the faces of two of the officers.  The picture was accompanied by the words: “Fuck both of these bitch ass cops and the Elk Grove Police Department.  I hope both of you scum bags are killed in the line of duty and your family members are BRUTALLY murdered.” Defendant was convicted of threatening a police officer.  As a condition of his post-release supervision, the trial court prohibited him from creating a social media account and from using or accessing social media websites.   “ Defendant shall not use, create, or access social media website accounts. A social media website is defined as ‘any internet website that allows users to post words or images which are accessible to the public, or to other users of the website.’ ”

Defendant challenged this provision as unconstitutionally vague and overbroad stating“[s]ocial media use implicates the fundamental rights of freedom of expression and freedom of association”.  

Although defendant’s subsequent discharge from post-release supervision rendered his appeal moot, the appellate court exercised their discretion to address this issue for future reference.  

Held: 3DCA held the social media prohibition was not unconstitutionally vague as it clearly defined the prohibited conduct. The court also found the condition was not overbroad, as it was closely related to the defendant's use of social media to commit the crime. The prohibition was a reasonable measure to protect the state's interest in the defendant's reformation and rehabilitation. The judgment of the lower court was affirmed. 

Author’s Notes: This decision plays a critical role in cases involving criminal threats or stalking via social media.  Law Enforcement Officers, be sure to inform the District Attorney handling your case or the probation officer preparing the pre-sentence report to include a social media prohibition clause in the offender’s post-release conditions. Including this clause helps establish a clear basis for deterrence and enables further legal action if social media is misused.

Case Reference: Peo. v. Nixon #DCA # C101167(6/5/25) 

Stay Safe! 

RH