4th Circuit Strikes Bans on Internet, Legal Pornography For Sex Offender (Federal)
Defendant’s underlying sex offense convictions related to the possession of child pornography. He also admitted to watching adult pornography on the internet. On that basis, the government argued for special conditions of release banning Mr. Ellis from possessing pornography or accessing the internet.
The court ordered two special conditions of probation, “[t]hat he have no Internet access” and “that he shall not possess any legal or illegal pornographic material, nor shall he enter any location where such materials can be accessed, obtained, or viewed, including pictures, photographs, books, writings, drawings, videos, or video games.”
The Defendant’s attorney argued the pornography restriction “would prohibit him from going into libraries, bookstores, and convenience stores.”. And the internet ban would create unnecessary difficulty “in accessing information as well as accessing potential job opportunities.”
The appellate court found no evidence connecting the internet to any criminal conduct. His only federal offense—failing to register as a sex offender—did not involve the internet. The court further found that even though he was convicted of crimes that are often carried out online, those convictions alone do not justify an internet ban under § 3583(d) absent some evidence of his own illegal internet activity.
The 4th Circuit held that district court abused its discretion in imposing an outright ban on internet access and on possessing legal pornography or entering any location where it may be accessed.
“The 4th Circuit held that district court abused its discretion…” Folks, that opinion by a superior court of appeals is HUGE. That is akin to the higher court telling the lower court to take off the judicial robe and lay down the gavel because you are so inept as a judge.
HMMMMMM
Is it just me or, did that ruling sound sort of like the judges were stating the sanctions against this person were of a “Punitive” nature?
Although not perhaps related directly to the registry, it shows just how far we are being pushed and being Dared to challenge it.
Glad there are some judges with Open eyes and ears, and perhaps, a conscience.
These kinds of judgments shows some people have some common sense, however I can quickly see the lower court and prosecution trying to get around this judgment.
This Ellis case does not take into consideration the “treatment” provider’s notions of captive clienteles vulnerability to blood-sucking business models and most treatment providers’ lack of any sort of medical PHDs. It also ignores the constitutional decrees of the SCOTUS banning unwanted medical treatment inherent in its decision of Cruzan v. Director, Missouri Dept of Health where then Chief Justice Rehnquist said: “The principle that a competent person has a constitutionally protected liberty interest of refusing unwanted medical treatment may be inferred by our prior decisions.”
Most mandatory “treatment” regimens are simply a way to squeeze the last ounce of capital out of a despised class of people by psychologist “wannabes” who lack PHDs in Psychiatric circles. These “treatment” “group therapy” sessions have very little to do with any sort of therapy and a lot more to do with interrogation and getting the cash at 38 dollars or more a pop from a captive clientele, some of whom are forced to drive 70 miles roundtrip, pay for gas AND the group fee for undergoing an hour of non-sensical interrogation about their daily lives and “deviant” thoughts. Jim Crow is alive and well all over the nation…STILL.
Failing to register should be a fine not an all out fight for your life re-defending yourself for you past charges. They attach points for those charges for violating the punishment from the first charge to enhance the new retroactive laws how this is not double jeopardy I don’t know. A felony for these harmless mistakes and over sites is harsh I’ve fought for my life 20 years after the fact after I raised kids had a family kids in college business establishment in the community and they were wanting to take my life for 9 months for an over-site where the paperwork and evidence were full of amendable mistakes but we have to be perfect is demonic.
“Failing to register” (FTR) should not be a thing. Only tyrannical, out-of-control governments have such a thing.
If the criminal governments of America want to have their Sex Offense Registry toy (i.e. the Hit Lists) they should be forced to maintain it 100% on their own. People who are being forced to be listed on their Hit Lists (PFRs) should not have any obligations at all. Then there could be no idiotic, useless FTR “crimes”.
These criminal regimes lie all the time about how they are “verifying” the Hit List information and “monitoring” people. So they need to back those lies up. They should be responsible for collecting the information themselves and PFRs should have no obligations at all. That would satisfy the lies of the Hit Lists and people would still be “informed”.
All people who are danger of EVER being charged for any crime related to the Hit Lists should be retaliating every single day, just for that simple fact. Every single day. Do not allow one day to pass without retaliation. Do not allow the Hit Lists to exist in peace. They must cost as much as possible and do as much damage to society as possible. If anyone is ever arrested for anything related to the Hit Lists, they should definitely ensure that society suffers more damage than they do personally. It the moral, correct response to the Hit Lists.
I went back on a failure to register back in 2002. The Judge said that he didn’t want to give me any jail time but by law he had to. I did 6 days in jail and paid a $250 fine and a couple months probation. The state of Florida was asking for years in prison. So I consider my self lucky. Now days I’d be burned at the stake for a similar violation. That one stupid FTR is the same reason my petition for removal was denied last year. This system aint no joke once you cought up in it.
Im glad that the United States District of Appeals for the 4th Circuit did it this way because ultimately the viewing of legal adult pornography should be addressed as an addiction issue and not as a criminal prosecution issue as a parole violation or a probation violation. This is neither Condoning nor Justifying the Immorality of Viewing Pornography. Plus legally speaking in regards to accessing legal adult pornography This is neither Condoning nor Justifying the Immorality of Viewing Pornography. This has to do with Freedom Of Speech within the First Amendment of the United States Constitution and access to said material is umbrellad under accessing of media and publications. (Freedom of the Press.) And as a recovering porn addict and sex addict who is not ashamed to admit that I go to Celebrate Recovery and Sex Addicts Anonymous and I work the 12 Steps for my own addiction recovery. The government needs to stop prosecuting addiction and needs to let mental health/social services/12 Step programs to deal with addiction recovery.
Cherokee I have to agree with you and some of the others on here in much of this registry ordeal in the Florida area of the registry. Sure Judging another is no good. While I have an uncle and brother in that live in florida and I’m in VA. Much of this is due to the location and state in many of these area’s one might assume. Guess hide the hustler magazines from college days.
Yes Florida is considered vacation area and even college kids can get attracted to porn. One can sometimes understand why a person coming out of prison, on probation or what is restricted with a ban in a sex situation. Now a place like Nebraska it might be a bit different. Myself I never really studied on it that much. Guess its more of a rehibilation thing or something of that nature.
I hardly ever watch TV anymore as I look more at the justice of all things. Even my CJ classes I took in college way back when are a help for me at times. Another thing.. I’m reading my case plea agreement.. I’m a low risk, everything else is unlikely except Substance Abuse when I mentioned taking a sleeping pill once in a while. One can just image how things are so twisted in florida.