discusses for the first time how important social media is access to social media is as a first amendment right that cyber cyberspace provides these vast democratic forms of witter for using facebook to read the news to go to church on line how do we square the sweeping first amendment rights with the need to rehabilitate probationers into society because there's twenty goals of probation five doesn't allow for any exceptions there's no wiggle room and so the language of attacking him he was certain should should make such an absolute ban on such an important the access or use of any computer or other internet enabled the capable device so that to me means a smartphone anything any kind of technology allows you to access the internet you're barred from accessing using that and and i want to be as clear as i can't because there's different sources than the statute or the actual conditions that were imposed but the statutory language this is part b of of the statute which allows discretionary i think it's true the packing him specifically says we're not reaching people who are still under the continuing jurisdiction of the justice system so it is an open question whether it should be extended and i think it's also true that there is a timing distinction  one of the important point is what social networking websites all the law impacting have in the profession condition the definition of social networking websites here is laughably broad anything i had a comments section if you read a news website  there's a comment section below it where you can comment on the article that's probably social networking website under the definition but what we've done in this case to parallel hacking him is is just define it you know what social networking websites what the term the social networking website talks about prohibitions because people under these circumstances we don't want their networking but cause i think i think there are other websites you can visit that allow you to read information and possibly speak but the really core part of packing h network for a job that you want and to try to obtain employment most people apply for jobs by sending a resume through e mail which is not allowed to mr morris so it's not just well  possible permission of the probation officer would be a lot stronger and would be more consistent with becky but for another way why doesn't and so i think that would be a good time to pivot to the kind of second set of discretionary conditions but before i do that i think there's a few a few key issues there that issue it doesn't w it was geographic restriction and there's sort of a set of laws on that that i try to use that as an analogy to the first amendment law which is essentially what you're on your side there has to be an exception there has to be a way to access there was you have i campus with probation officers approval could overrule the language of condition five basic rule condition eight because there's a number of overlapping conditions here that those provisions all apply and you have to navigate the maze of those provisions for number eleven the ban on having any contact whatsoever with anyone of under the age of eighteen there's two other sort of russian nesting dolls of conditions that do essentially the same thing but less onerous number seven as annoying requirement exception for family members and number ten has just the knowing requirement but no family member section and the number eleven as it is has no knowing requirement so you you have violated any time you have any contact whatsoever but that one allows you to ask you that this court clarify the scope of these conditions now on appeal to make that that's actually really not necessary because especially with the first amendment issues and i was i was kind of a hearing on it on reasonable application of discretion is that in the meantime it's just speech and that's that's something that we say is not allowed so we've got condition number eleven on the discretionary conditions that's the ban on any any contact with anyone other than age of eighteen that's a quarter of the population and i'll annoy there's that there's no way to know in advance if you offer pizza or or do any of the things that we do go to the grocery store if you're going to bump into someone's on the gauge of eighteen and you've already violated that condition there's also in exception for this one as we suffer more than our brief packenham does not apply to probationers broke probationers and that case it was for the rest of that person's life as a sex offender here probationers as you guys as your honour's discussed was for a set period of time and simply because a condition of probation impinges on a fundamental constitutional right does not automatically mean the condition invalid state yet is that social media allows these child sex offenders and sexual predators into the minors bedroom through direct messaging and instagram or facebook so restricting sex offenders from social media websites is a reasonable condition in order to protect the public and as well as to bridge rehabilitate the defendant and to stop him from falling to repeat his past actions again this was a statutory restrict her sad story and acted probationary condition this evidence is the legislatures thought process that they thought about this the thoughts would be a good condition and this state fails to see how that in any way violates a defendant's first amendment right is just not allowing him to put a software on his computer that would allow him to delete his potential improper acts if he's done on that computer if anything that is a very reasonable probation condition that clearly does not violate the first amendment in regards to the not accessing or use a computer other internet cable device but approval of asian officers as well as other sections as the states adopt your honour's arguments that you press previous amount of council that this does allow that exception that he just needs to have prior approval from his probation officer so it's not just fly all out ban on his his rights in regards to the due process argument that coun made again these conditions were reasonable they would protect the public they assisted in his rehabilitation from not having him repeat these past acts and attempting cordingley these are reasonable probationary conditions and that's for sure the firm in regard to probation condition eleven this is no contact with anyone under eighteen states posits that this was not this was a reasonable condition you know again the fennec can receive authority from his probation officer if he wants to someone as he did sexually abuse someone who was a minor this is again reasonable pornography can not living in the same mobile home park has a convicted sex offender again the state contends is a reasonable he was a child sex offender obviously should not have access to material designed to arouse context deciding how to deal with a patient is subject to all kinds of rules conditions that people not convicted of crimes would put on probation i would never be subject to  specific legislative candidates what would you say i think creating exceptions to the social media ban would be a start to their probation officer what would the staff say probation or how to but the directly and specifically point when talking to government officials all of our government officials use twitter now and you cannot engage civically with a representative or senator the president unless you can use twitter which conrad mortar cannot do i would like to briefly touch on possessing any material depicting or describing persons in a state of undress under this condition it's taken literally conrad can't go to a museum you can't see a naked person in a statute or a painting you can't go see a popular movie a steamy r rated thriller it's not rocket free but it certainly has naked people on it you can't read a novel look at a billboard a perfume ad it goes too far this is about chilling speech it's about if you're the probationer what are you allowed to do a sane person reading these things would stay in their house back outside and not speak to anyone and that's not a way to rehabilitate probation just last number for conditions under four it takes a mandatory ban living in a condo or