The West Virginia Supreme Court has ruled it is a violation of the First Amendment to completely restrict a person’s access to the internet as a condition of their parole from prison and that such restrictions must be tailored based on the nature of a person’s crime.
The justices ruled that it was unconstitutional for the West Virginia Parole Board to revoke a man’s parole because his girlfriend had a computer with internet access, even though he didn’t use the computer, Justice Menis Ketchum wrote in the court’s opinion handed down on March 12.
The court also said the parole board had revoked the man’s parole and sent him back to jail even though there was no evidence to show he violated parole.
Justices also ruled that the man was guilty of violating his parole for using marijuana, but that the three years he’s spent in prison for that action isn’t within the scope of state law.
The court upheld a 2015 ruling from Kanawha Circuit Court