The Air We All Breathe: Internet Bans in Probation Conditions— Dalton v. State

In today’s world, the Internet is synonymous with opportunity. Recently, the Supreme Court has even recognized a First Amendment right to access the Internet. However, it is still common practice to assign the special conditions of Internet bans or restrictions for individuals on parole or supervised release. Courts have split on how to strike a balance between the goal of deterrence and protection of an individual’s rights.

The Court of Appeals of Alaska weighed into this ongoing debate in Dalton v. State, by holding that a restriction requiring prior approval from a parole officer before any and all Internet use was unconstitutionally broad. This decision marked a departure from precedent, and a general recognition that the Internet has become an indispensable part of living in, and importantly, successfully reentering society today.