Can You Be Banned from All Social Media as a Condition of Probation? The Court Says YES
At Wallin & Klarich, we’re often asked: Can the court really ban me from using all social media while I’m on probation or supervision? A recent California case answers that question clearly: Yes—if social media played a role in the offense, a total ban may be legal.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
The Case of Brandon Nixon: When Facebook Posts Become Criminal Threats
Brandon Nixon was serving the mandatory supervision portion of his sentence when he posted inflammatory photos and messages on Facebook targeting law enforcement officers. These weren’t just angry rants—they included serious threats of violence. A jury convicted Nixon of making criminal threats against one of the officers, a felony under California law.
The trial court found that his actions violated the terms of his supervision and sentenced him accordingly. But things didn’t stop there. Upon his release from custody, Nixon was placed under post-release community supervision with a strict condition: he could not “possess, create, use, or own” any social media accounts or electronic devices other than a phone.
Nixon challenged this condition, arguing that it was overbroad and violated his constitutional rights to free speech and association. In response, the court narrowed the condition slightly—defining “social media accounts” as any website that allows users to post text or images accessible to others.
But Nixon wasn’t satisfied. He appealed.
The Court’s Decision: Social Media Ban Upheld
The California appellate court affirmed the trial court’s ruling. It acknowledged that Nixon’s First Amendment rights were implicated, but emphasized an important legal principle: courts are allowed to impose restrictions on constitutional rights as a condition of probation or supervision, so long as the restriction is reasonably related to the crime and serves a legitimate rehabilitative purpose.
The court relied on People v. Prowell, which upheld a similar ban after a defendant used social media to commit the crime. In Nixon’s case, the record showed that he used Facebook not only to issue the threat for which he was convicted, but also for a pattern of threatening and harassing behavior.
Because the restriction directly targeted the platform he used to commit his offense, and because it was tied to preventing future harm, the court held that the condition was not unconstitutionally overbroad.
Why This Matters for You
In today’s world, being banned from social media can have a huge impact on your life—personally, professionally, and socially. This case makes clear that if your criminal offense involves online behavior, the court can restrict or even completely prohibit your access to social media as part of your probation or post-release terms.
That’s why it is absolutely critical to have an experienced criminal defense attorney who understands not just the criminal case—but the long-term consequences of sentencing and supervision conditions.
Contact Wallin & Klarich Today
If you have been accused of a crime related to your social media use, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
