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Court: Sex offender can challenge internet restrictions

•  Events     updated  2017/03/22 01:59


A convicted sex offender challenging restrictions on internet use will get a new hearing before New Jersey's parole board.

The state Supreme Court ruled Tuesday in the case of a man identified only by the initials J.I. who had claimed the restrictions were unconstitutional and violated his due process rights.

The man was convicted in 2003 of sexual assault in the molestation of his two daughters.

While on community supervision after his release, he was allowed to use a computer only to access social networking sites for employment and work purposes. After violating those rules, his parole supervisor prohibited him from using any device with internet capabilities.

Tuesday's unanimous ruling held that J.I. deserved a hearing to challenge the restrictions, reversing a 2015 appeals court decision.




A Texas school board can open its meetings with student-led public prayers without running afoul of the Constitution's prohibition against government-established religion, a federal appeals court ruled Monday.

The ruling by a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans upheld a lower court ruling dismissing a lawsuit against the Birdville Independent School District. The suit was filed by the American Humanist Association and a graduate of Birdville High School.

The panel said student-led prayers for legislative bodies differ from unconstitutional prayers in public schools.

The panel noted a 2014 Supreme Court ruling allowing prayers at a town council meeting in Greece, New York, and said the prayers at the Birdville school board fall under that "legislative prayer exception."

"It would be nonsensical to permit legislative prayers but bar the legislative officers for whom they are being primarily recited from participating in the prayers in any way," Judge Jerry E. Smith wrote for the panel. "Indeed, the Supreme Court did not take issue with the fact that Town of Greece board members bowed their heads during invocations."

The opinion noted that the Birdville school board meetings are held in an administration building — not in a school. People attending can enter and leave at any time, including during the prayer. It said the board meetings open with a student-led Pledge of Allegiance and a statement that can include a prayer, although the statements are sometimes secular.




The U.S. Supreme Court on Monday declined to hear New Jersey Sen. Bob Menendez’s appeal of his corruption indictment, setting the stage for a federal trial in the fall.

The justices let stand a lower court ruling that refused to dismiss charges including conspiracy, bribery and fraud against the Democratic lawmaker.

Menendez was indicted in 2015 after prosecutors said he took official action on behalf of a longtime friend who had given him gifts and campaign donations including flights aboard a luxury jet and a Paris vacation.

The friend, Florida eye doctor Salomon Melgen, currently is on trial in Florida on multiple counts of Medicare fraud that are separate from the counts he faces in the Menendez indictment.

The indictment alleges Menendez used his official influence to set up meetings with government officials aimed at helping Melgen in a Medicare dispute and with a business interest involving port security in the Dominican Republic.

Menendez has contended he was seeking to influence future policy instead of advocating on behalf of his friend, and that the government is attempting to use the timing of campaign donations to create a quid pro quo between him and Melgen that he claims never existed.

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