People v. Morger, No. 123643 (Ill. 2019)
Nature of Case: Defendant was convicted of a sex offense in Illinois, and became subject to a number of conditions of supervision. Amongst these conditions was a prohibition on accessing or using social media websites. Defendant sought to challenge this condition as facially unconstitutional in light of the United State Supreme Court’s decision in Packingham v. North Carolina.
The Illinois Court of Appeals rejected the argument that the condition was unconstitutional. Defendant sought further review.
Holding: Illinois Supreme Court reversed the judgment of the Illinois Court of Appeal, finding that the condition of supervision which barred Defendant from access to social media websites was unconstitutionally overbroad, the fact that Defendant was on supervision notwithstanding.
- Illinois Supreme Court Opinion | view via Google Scholar
- Appellant’s Brief
- Appellee’s Brief
- Reply Brief
News and Related Materials
- The Herald-News: High court nixes sex offender social media ban