In re R.H.

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2017 IL App (1st) 171332
Decision Date: 
Friday, December 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN

Juvenile court, as condition of probation for an adjudicated delinquent minor's own protection, required removal of any references to gangs, guns, or drugs on minor's social media accounts. Minor, age 16, was found guilty of aggravated unlawful use of a weapon, unlawful possession of cannabis, and unlawful possession of cannabis with intent to deliver. Minor had admitted gang membership. This content-based restriction on speech passes strict scrutiny, as it is narrowly tailored to the 3 topics closely related to his crimes, as a means of preventing him from further criminal acts. State has a compelling interest in restricting social media and related activity to protect adjudicated delinquent minors from destructive and antisocial influences and prevent reoffending. (PUCINSKI, concurring; NEVILLE, dissenting.)