Court Upholds Social Media Ban as Post-Release Condition in Criminal Threats Case

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 ....