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“As a result, the Court must exercise extreme caution before suggesting that the First Amendment provides scant protection for access to vast networks in that medium.” The justices sent the case back to the state Supreme Court to reverse its earlier decision.

“In sum, to foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights,” Kennedy’s ruling states. Packingham was convicted in May 2012 of violating the 2008 social media ban and received a suspended sentence and probation.