Some judges have hinted that it effectively is: https://harvardlawreview.org/2017/11/packingham-v-north-carolina/ https://harvardlawreview.org/2017/11/packingh

Some judges have hinted that it effectively is: https://harvardlawreview.org/2017/11/packingham-v-north-carolina/ https://harvardlawreview.org/2017/11/packingham-v-north-caro... Ultimately, though, I think the jury is still out.